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2008 DIGILAW 83 (JK)

State Of J. &K. v. Dwarika Nath Kichloo

2008-03-26

K.S.RADHAKRISHNAN, NISAR AHMAD KAKRU

body2008
1. Appeal is filed by the State aggrieved by the judgment passed by the learned Single Judge in OWP No. 741/1997. 2. Writ petition was preferred by the respondent herein seeking mandamus directing the respondents to grant pensionary benefits to him on the strength of his 17 years and 3 months qualifying service with effect from June 18, 1956 to August 19, 1975, and to release G.P. Fund and arrears of pay with effect from May 1972 to August 19, 1975. Prayer was also made to quash Article 200 of the Civil Service Regulations. 3. Learned counsel for the State submitted that on a misrepresentation of Article 200 of the J&K Civil Service Regulations, the learned Single Judge allowed the writ petition and held that petitioner was entitled to pensionary benefits and further directed that respondents shall release the salary of the petitioner from February 29, 1973 onwards. Learned Judge also referred to Article 240 AAAA(i)(b) of the Civil Service Regulations but no reasons have been stated as to how the said Article would apply to the case of the petitioner. 4. Petitioner had submitted his letter of resignation dated June 16, 1974 and the same was accepted on August 19, 1975. Petitioner had also filed a petition for review of the order of acceptance on January 31, 1977 but the same was also rejected. Petitioner had entered service on June 18, 1956, and had put in 17 years of qualifying service. Article 230 of the CSR, relating to entitlement of pension, would apply only to those government servants who may voluntarily `retire from service any time after completing 20 years / 40 completed six monthly periods of qualifying service or 45 years of age. Case in hand is not a case of retirement; but resignation from service. Article 200 of the CSRs specifically says that resignation of public servant entails forfeiture of past service. Article 240-AAAA, referred to by the learned Single Judge, only carves out an exception to Articles 240-A, 240-AA and 240-AAA, and deals with fixation of pension in respect of Government servants who had `retired after April 1, 1987 and not a case of resignation. Petitioner had submitted a letter of resignation voluntarily and in such circumstances, neither Article 230 nor Article 240-AAAA would apply to the petitioners case. 5. Petitioner had submitted a letter of resignation voluntarily and in such circumstances, neither Article 230 nor Article 240-AAAA would apply to the petitioners case. 5. In the circumstances, we are inclined to hold that, since the petitioner had voluntarily resigned from service, forfeiting his past service and had not completed 20 years of qualifying service, he was not entitled to pension. 6. Appeal is, therefore, allowed and the order of the learned Single Judge is set-aside.