Judgment Vijay Manohar Sahai, J.—We have heard learned counsel Mr. Anand B. Gogia, appearing for the petitioner and Mrs. Vasavdatta Bhatt appearing for the respondents. 2. Brief facts of the case are that the petitioner joined his services as Trollyman with the respondents on 24.07.1945. He tendered his resignation from service which was accepted on 07.08.1964. 3. On 27th January 1998, the Government of India, Ministry of Railways issued a circular for grant of Exgratia payment to surviving family members of the retired SRPF (C) employees, who had retired between the period of 01.04.1957 to 31.12.1985. This Exgratia amount was to be paid to those employees who had completed 20 years of continuous services, prior to the date of their superannuation. Paragraph No. 2 of the circular clearly mention that this Exgratia payment will not be admissible to dismissed/removed employees, or to the employees who had resigned from service before completing 20 years services. 4. Learned counsel for the petitioner placed reliance on a decision by the Apex court in case of Sheelkumar Jain vs. The New India Assurance Co. Ltd. & Ors., reported in 2011 AIR SCW 4517, wherein the view taken is that when the employee wants to voluntarily retire from service, he tenders resignation, he is entitled for pension as he does not understand the difference between the word “resignation” and “voluntary retirement.” 5. The Apex Court has taken a view that even though in the letter to the employer, if the employee had used the word resigned, then also he is entitled for pension if he has completed 20 years of qualifying service. 6. The petitioner filed Original Application No. 18 of 2006 before the Central Administrative Tribunal, which was decided alongwith another Original Application No. 17 of 2006 vide order dated 12th September 2006. 7. From the facts recorded with regard to petitioner’s Original Application No. 18 of 2006, it is clear that the petitioner had not completed 20 years of qualifying service for grant of Ex-gratia pension. 8. Since the petitioner has not completed 20 years of qualifying service, therefore, he is not entitled for Exgratia payment as per the circular dated 27.01.1998. 9. For the aforesaid reasons, we do not find any merit in the Special Civil Application, hence the same is dismissed accordingly. Rule discharged.