Delhi High Court
Khimji Bhai vs Union Of India And Ors. on 13 October, 2023
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13th October, 2023
+ W.P.(C) 13558/2023 & CM APPL.53576-53578/2023
KHIMJI BHAI ..... Petitioner
versus
UNION OF INDIA AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Krishna Kumar Yadav with
Mr.Aakash Malik and Mr. Abhishek
Singh, Advocates.
For the Respondents: Mr. Sanjay Kumar, SPC for UOI.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks quashing of order dated 20.09.1999 whereby
the request of the petitioner seeking resignation from service has been
accepted without any pensionary benefits.
2. Petitioner had joined the Border Security Force as a Constable
on 03.07.1987. On 20.09.1999, as per the petitioner, on account of
personal and family problems, petitioner tendered his resignation,
which was accepted. However, no pensionary benefits were granted
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to the petitioner.
3. Petitioner thereafter made several representations, however,
they have not been allowed.
4. Learned counsel for the petitioner submits that petitioner had
resigned on account of certain personal reasons and had already put in
qualifying service of 10 years.
5. Learned counsel for the petitioner relies on the decision of the
Kerala High Court dated 11.08.2023 in W.P.(C) 28475/2014 titled
P.P. Jose vs. Union of India to contend that he is entitled to the
pension for the service already rendered.
6. We are unable to accept the contentions of learned counsel for
the petitioner for the reason that Rule 26 of the CCS (Pension) Rules,
1972 specifically provides that resignation from service or a post
entails forfeiture of past service.
7. In the case of petitioner, he admittedly had tendered his
resignation on 20.09.1999 which was accepted with effect from the
same date. The order accepting his resignation dated 20.09.1999
records that his request for resignation has been accepted without any
pensionary benefits.
8. In any event, in terms of Rule 26 of the CCS (Pension) Rules,
1972 when a Government servant resigns from service or a post, he
forfeits his entire past service. Forfeiture of past service entails that
there is no qualifying service left for computing or calculating the
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pensionary benefits.
9. In the case of the petitioner, since he has resigned voluntarily,
there is automatic forfeiture of pension.
10. Reliance placed by learned counsel for the petitioner on the
judgment of the Kerala High Court in P.P. Jose vs. Union of India is
misplaced for the reason that in the case of P.P. Jose (supra), he had
been discharged from service after putting in qualifying service and
the order of dismissal and removal did not specify that the pensionary
benefits shall be forfeited. In those circumstances, the Kerala High
Court granted pensionary benefits to him.
11. The facts of the case of the petitioner are clearly distinguishable
from the facts in P.P. Jose (supra). Accordingly, the said judgment is
not applicable to the facts of the present case.
12. In view of the above, we find no merit in the petition.
13. Petition is, consequently, dismissed.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
OCTOBER 13, 2023
st
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Digitally Signed
Signing Date:13.10.2023
16:55:12
