The Kerala High Court dismissed a writ petition challenging the rejection of terminal benefits including gratuity and pension. The court held that a government servant who resigns forfeits all service benefits under CCS (Pension) Rules, invoking precedents from KHC.
The writ petition was dismissed without any benefits being granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY ,THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940
WP(C).No. 30917 of 2015-L
PETITIONER/S:
AJITH C.S. EX. ASST. COMMANDANT (IRLA-8010) 105 BN, RAF, CHAKKAMALLIL HOUSE, MANGAD P.O., KOLLAM, KERALA-691105.
BY ADVS. SMT.A.K.PREETHA SRI.C.ANIL KUMAR
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI.
2 THE ASSISTANT DIRECOTR (ACCTS), PAO, CRPF, TILAKNAGAR P.O., MAHAVIR NAGAR, NEW DELHI18.
3 THE DIRECTORATE GENERAL CRPF, CGO COMPLEX, LODI ROAD, NEW DELHI.
BY ADVS. SMT.O.M.SHALINA, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.30917/15
JUDGMENT
The petitioner, who resigned from CRPF while working as Assistant Commandant as can be seen from Ext.P1 Certificate of Service, has filed this writ petition challenging Ext.P5 order, by which his request for terminal benefits was rejected, on the ground that a Government Servant who tendered resignation from service would not be entitled for any pension, gratuity or terminal benefits as per Chapter 46 of the Establishment and Administration manual. According to the petitioner, he rendered 12 years of service under the respondents after joining the CRPF on 25.05.1998. However, he admits that he submitted resignation and it was accepted with effect from 01.07.2010. The petitioner submitted a representation Ext.P2 requesting to settle his terminal benefits. Thereupon the petitioner was informed that he is not entitled to gratuity or pension since he resigned from service. This writ petition is filed alleging that since he rendered 12 years of service and he had only resigned
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W.P.(C) No.30917/15
from service he is entitled to all terminal benefits.
2. Respondents have filed a statement pointing out that the petitioner forfeited all his service on tendering resignation. It is stated that rule 50 of CCS (Pension) Rules read with Rule 26 of the Rules make the petitioner ineligible for any benefits on resignation. It is also pointed out that provisions in the Payment of Gratuity Act do not apply to persons working under the Central Government.
3. I have already considered a similar issue in my judgment dated 28.11.2017 in WP(C) No.27111 of 2017 where after considering the provisions contained in CCS (Pension Rules), 1972 and the judgments in Union of India and Ors. v. Braj Nandan Singh [2005 KHC 1887] : [(2005) 8 SCC 325] and in Union of India & Ors. v. Madhu.E.V & Anr. (2012) 5 SCC 474: 2012(2)KLT 558 and also in the judgment in Biju R V Assam Rifles : 2016(5)KHC 50 dismissed the writ petition. Therefore the case of the petitioner would also be governed by the said judgment.
The petitioner who got discharged from service
W.P.(C) No.30917/15
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after tendering resignation would not be entitled to any service benefits. Accordingly the writ petition is
dismissed.
Sd/-
P.V.ASHA
JUDGE
rkc
W.P.(C) No.30917/15
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF SERVICE OF THE PETITIONER
EXHIBIT P2 TRUE COPY OF LETTER DATED 29.8.2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DT.8.9.2011 FROM TEH 3RD RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF LETTER DATED 22.9.12 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE LAWYER NOTICE DT.27.9.13 TO THE 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF LAWYER NOTICE DT.27.9.13 TO THE 2ND RESPONDENT
3 issues framed by the court
Whether a government servant who tendered resignation and was accepted is entitled to terminal benefits like pension and gratuity.
Whether Rule 50 of CCS (Pension) Rules, 1972 and Rule 26 of the Rules make a resigning servant ineligible for any benefits.
Whether the petitioner, having resigned from CRPF, is entitled to terminal benefits after rendering 12 years of service.
Colour shows how this judgement treated each authority
Union of India and Ors. v. Braj Nandan SinghReferred¶22
Union of India and Ors. v. Braj Nandan Singh [2005 KHC 1887] : [(2005) 8 SCC 325] · Who else cites this
Union of India & Ors. v. Madhu.E.V & Anr.Referred¶22
Union of India & Ors. v. Madhu.E.V & Anr. (2012) 5 SCC 474 · Who else cites this
Biju R V Assam RiflesReferred¶22
Biju R V Assam Rifles : 2016(5)KHC 50
1 provisions across 1 enactments
Ajith C.S.
Union of India represented by the Secretary, Ministry of Home Affairs, New Delhi
The Assistant Director (ACCTS), PAO, CRPF, Tilaknagar P.O., Mahavir Nagar, New Delhi
The Directorate General CRPF, CGO Complex, Lodi Road, New Delhi
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
