incorporated
in the Central Civil Service Pension Rules vide rule 26 which
provide that resignation from a service or post entails forfeiture
of past service ... called in aid to either invalidate Rule 29(a) or to over
rule the objection based on Rule 29(a) of Part
Rule 38
of the Kerala Co-operative Societies Rules 1969. Sub rules
(3) and 4 of Rule 38 of the Kerala Co-operative Societies
Rules ... prepared to hold that
non-conformity with sub rule (3) of Rule 38,
would invalidate the resignation.
Counsel for the respondent stressed the
well-known
Rule 38
of the Kerala Co-operative Societies Rules 1969. Sub rules
(3) and 4 of Rule 38 of the Kerala Co-operative Societies
Rules ... prepared to hold that
non-conformity with sub rule (3) of Rule 38,
would invalidate the resignation.
Counsel for the respondent stressed the
well-known
rule (1) of Rule 26 of the CCS (Pension)
Rules, resignation from a service or a post, unless it is allowed to
be withdrawn ... provisions under sub-
rule (2) of Rule 26 of CCS (Pension) Rules.
38. The provisions under sub-rule (2) of Rule 26 have
statutory force
Rule 48 or 48A of the CCS
(Pension) Rules etc. Rule 48 further stipulate about retirement
on completion of 30 years of qualifying service. Rule ... time of arguments contended that
Rule 26(1) of the CCS (Pension) Rules stipulated that resignation
W.P.(C) No.32432/2004 15
from
Rule 48 or 48A of the CCS
(Pension) Rules etc. Rule 48 further stipulate about retirement
on completion of 30 years of qualifying service. Rule ... time of arguments contended that
Rule 26(1) of the CCS (Pension) Rules stipulated that resignation
W.P.(C) No.32432/2004 15
from
restore the benefit of earned leave encashment in cases of
resignation, the applicable rules would be as modified by the pay
revision order ... leave rules extracted in W.P(C).No.33684 of 2015.
Those rules provided for earned leave encashment in case of
resignation also. The contention
Single Judge is
vitiated.
10. The Rules and Regulations of the society have
been brought on record. Rule 3 provides as follows:
"3. Vacancies ... governing
body of the Society."
Rule 3 was subsequently amended and the amended
Rules is at page 147, which is to the following effect
determine the issue it is necessary to examine the 2nd
Proviso to Rule 8 of KS&SSR, based on which the impugned orders ... transferred or reduced to another service, who has not
resigned, retired, removed not dismissed. Under Rule 2(13) of Part
receipt of
the letter of resignation, take an appropriate decision thereof
in accordance with the relevant rules.
Post after two weeks.
Handover."
4. Subsequently ... under Clause 24(2) of the
HMT Limited Conduct, Discipline and Appeal Rules. As per the said
Clause, an employee may, at any time after completing
