resigned from service and under Rule 26 of the Central Civil Service (Pension) Rules, 1972 the resignation entailed forfeiture of his past service ... Pension) Rules, 1972]- procedure to be followed.
Under Article 418 (b) of CSRs [now Rule 26 (2) of CCS (P) Rules, 1972] resignation
Rules
of the Pension Rules and Leave Rules which have been challenged. Rule
46(1) of Pension Rules 1982 which reads as under:-
"Rule ... Services Rules, in
the sence here explained:-
Rule (2 ) to (36) .....
Rule (37) Pension includes a gratuity.
Rule (38) to (54) .....
(b) Rule 46 - Forfeiture
Rules
of the Pension Rules and Leave Rules which have been challenged. Rule
46(1) of Pension Rules 1982 which reads as under:-
"Rule ... Services Rules, in
the sence here explained:-
Rule (2 ) to (36) .....
Rule (37) Pension includes a gratuity.
Rule (38) to (54) .....
(b) Rule 46 - Forfeiture
Rules
of the Pension Rules and Leave Rules which have been challenged. Rule
46(1) of Pension Rules 1982 which reads as under:-
"Rule ... Services Rules, in
the sence here explained:-
Rule (2 ) to (36) .....
Rule (37) Pension includes a gratuity.
Rule (38) to (54) .....
(b) Rule 46 - Forfeiture
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be withdrawn ...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
Government servant concerned.
Rules governing temporary Government servants in reference to Rule 5(1) of
the CCS (TS) Rules, 1965.
Clause (4): Since a temporary ... submitted his resignation in writing giving
reasons and his intention to resign is clear and unconditional. Clause (2)
contains circumstances under which resignation should
terms of Resolution dated 11.3.1992.
10. Rule 46 of the Rules, 1982 relates to forfeiture of service on
resignation. Under Rule 46(1) “resignation from ... entails forfeiture of past services”. Sub rule (4) of Rule 46 deals with
the cases where the resignation shall not entail forfeiture of past
services
