Disposed¶10

Jharana Nayak v. Union of India & Ors.

Delhi HC6 Feb 2026W.P.(C)/12429/2022

Case brief

AI extract

What is this about?

Resignation from service - forfeiture of past service - no entitlement to gratuity or leave encashment; delayed release of GPF (Rs.3,27,499/-) and Risk Fund (Rs.25,248/-) due since 2012 but paid in 2022 - interest plea left to respondents for decision within six weeks; retirement dues; CCS Pension Rules; pensionary benefits; writ petition disposed of by High Court of Delhi.

What did the court decide?

No monetary relief awarded by the Court. Respondents directed to consider and decide the petitioner's plea for interest on the delayed GPF and Risk Fund payments within six weeks and convey the decision to her; any interest awarded to be paid within three weeks of the decision. Liberty reserved to the petitioner to seek such remedy as available in law if aggrieved by the respondents' decision. ¶10

Jharana Nayak Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶10

Issue for consideration

Whether the petitioner, having resigned from service, is entitled to gratuity and leave encashment (retirement dues). +1 more

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Court's answer

As the petitioner had resigned from the service, her past service gets forfeited and she is not entitled to gratuity or leave encashment.

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Ratio / Principle

The respondents were directed to consider the petitioner's plea for interest on the GPF and Risk Fund amounts, keeping in view the delay of almost ten years in their release, to decide the plea within six weeks and convey the decision to the petitioner; if interest is awarded, it is to be paid within three weeks of the decision.

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Detailed headnote1 paragraphs

High Court of Delhi (V. Kameswar Rao & Manmeet Pritam Singh Arora, JJ.) disposed of W.P.(C) 12429/2022 in which Jharana Nayak sought release of retirement dues/benefits (gratuity, provident fund, leave encashment, risk fund, commutation) with interest @18% p.a., and pensionary benefits as per CCS Pension Rules. The Court held that as the petitioner had resigned from service, her past service gets forfeited and she is not entitled to gratuity/leave encashment. Noting that GPF of Rs.3,27,499/- and Risk Fund of Rs.25,248/-, due since 2012, were paid only in 2022 during the pendency of the petition, the Court directed the respondents to consider her plea for interest on these two amounts in view of the delay of almost ten years in their release, decide within six weeks and convey the decision to her, with any interest awarded payable within three weeks of the decision. Liberty was reserved to the petitioner to seek remedies in law if aggrieved by the respondents' decision. CM APPL. 8106/2026 (marking of appearance by respondents' counsel) was separately disposed of.

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 12429/2022

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JHARANA NAYAK .....Petitioner

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Through: Ms. Pallavi Awasthi and Ms. Vaibhavi Mittal, Advs.

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versus

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UNION OF INDIA & ORS. .....Respondents

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Through: Ms. Bakshi Vinita, SPC for UoI. Mr Vinod Sawant Law Officer, Insp. Athurv and Mr. Ramniwas Yadav CRPF

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CORAM:

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HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 06.02.2026

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CM APPL. 8106/2026 (For marking appearace)

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This is an application filed by Ms. Bakshi Vinita, learned counsel for the respondents along with her affidavit, stating that she had appeared in the proceedings held on 20.08.2025 and 03.02.2025.

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The stand of Ms. Vinita is taken on record.

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The application is disposed of.

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W.P.(C) 12429/2022

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This petition has been filed with the following prayers:-

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“i. Direct the respondent to release all the retiremental dues/benefits of the Petitioner for rendering her service including Gratuity, Provid,ent

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2026 at 11:22:54

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Fund, Leave encashment, risk fund, commutation etc.; alongwith an interest @18% p.a. and

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ii. Direct the respondent to grant pensionary benefits to the petitioner as per CCS Pension Rules after condoning the deficiency (if any) of reckoned service of pension; and/or

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iii. Pass any other and further order (s) and direction (s) as this Court may deem fit and proper in the interest of justice and equity.”

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We have been informed by the counsel for the petitioner that, during the pendency of the petition, Rs.3,27,499/- as GPF and Rs.25,248/- as Risk Fund have been paid. The counsel for the petitioner has sought other reliefs such as payment of gratuity and leave encashment.

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The fact is that the petitioner having resigned from the service, the past service gets forfeited and the petitioner shall not be entitled to gratuity/leave encashment. 7. The only submission now made by the counsel for the petitioner is that, against the entitlement in the year of 2012, the respondents have paid the GPF and Risk Fund only in the year 2022 and as such, the petitioner is entitled to interest thereon.

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Appropriate be, that the respondents shall consider the plea of the petitioner of interest on the aforesaid two amounts and decide the same keeping in view the plea of the petitioner that there was a delay of almost ten years in releasing the GPF and Risk Fund. The same shall be decided within a period of six weeks and the decision shall be conveyed to the petitioner. If the interest is awarded, the same shall be paid within a period of three weeks of the decision.

¶27

This is a digitally signed order.

¶28

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2026 at 11:22:54

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If the petitioner is aggrieved by any order to be passed by the respondents, liberty is with the petitioner to seek such remedy as available in law.

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The petition is disposed of.

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V. KAMESWAR RAO, J

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MANMEET PRITAM SINGH ARORA, J

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FEBRUARY 6, 2026 rk

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2026 at 11:22:54

Jharana Nayak v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Jharana Nayak v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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