ups_00822 — Even if resignation from service is voluntary, such an employee who filed his resignation voluntarily after 10 or more years of service is entitled for pension

Even if resignation from service is voluntary, such an employee who filed his resignation voluntarily after 10 or more years of service is entitled for pension — This chunk pertains to an Original Application (OA No. 1056 of 2014) filed by an employee seeking pension benefits despite voluntarily resigning after more than 10 years of service. The employee had ... — Facts :Applicant who has more than 10 years of service in the department filed his resignation voluntarily due to ill health, and agreed to payment dues, if any. Applicant requested for adjusting his liability for payment from funds in CGEGIS or in GPF. As the amount available is short, he is asked to pay an amount of ₹ 599.20. Hence he requested the Respondents to adjust the amount from his gratuity and pension. Further, it was said that he is entitled to get minimum pension and admissible amount of gratuity and other terminal benefits. No decision was taken in his resignation request. Hence Applicant filed O.A. No. 180/577 of 2017 before the Tribunal impleading BSNL officials. BSNL said that as the Applicant was a DoT official and hence BSNL has nothing to do with the matter. Hence the present OA is filed directing the Respondents to sanction pension, gratuity and other terminal benefits as requested by him. Respondents contend that this OA is filed after 30 years of his resignation. Resignation from a service or a post unless it is allowed to be withdrawn in the public interest by Appointing Authority entails forfeiture of past service. As the Applicant had resigned from service on 30-9-1986, he has forfeited his entire past service and he is not eligible for pensionary benefits. R-4 and R-5, BSNL authorities, stated that the Applicant is not entitled for relief from them. Tribunal heard both sides. The short question in this OA by the Applicant is that, “whether he is entitled for pension, gratuity and other terminal benefits or not even though he resigned from service on his own volition”. In the case of Asger Ibrahim Amin v. Life Insurance Corporation of India in Civil Appeal No. 10251 of 2014, wherein the question whether the Applicant is entitled to claim pension even though he resigned from service on his own volition had been considered. Apex Court passed the Order on 12th October, 2015. That order is reproduced vide Paragraph 1 to 17. Para. 16 of the judgment allows payment of pension, gratuity, etc. as per rule and also the Applicant therein is to pay back the amount to be paid to the Respondents.