Petitioner sought writ to enforce gratuity payment upon resignation from CISF. Court held resignation triggers forfeiture of service under applicable pension rules, making petitioner ineligible for gratuity, dismissing the petition.
Dismissed the writ petition; denied relief to release Gratuity amount; No order as to costs.
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.
WP No. 1680 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 08.07.2026 PRONOUNCED ON : .07.2026
CORAM
THE HONOURABLE MR.JUSTICE T. VINOD KUMAR WP No. 1680 of 2019
S.Jaya Kumar
Petitioner(s)
Vs
3.The Additional Director General, Paryavaran Bhavan, 4th Floor, B-Wing, 16, CGO Complex, Lodhi Road, New Delhi-110 003.
4.The Deputy Inspector General CISF, Airport South Zone HQRS, Rajaji Nagar, Besant Nagar, Chennai - 600 090.
5.The Senior Commandant, CISF, 10-Reserve Batallion, Suraksha Campus Post, RTC-Arakkonam, Vellore District, PIN Code 631 152.
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6.The Regional Pay and Accounts Officer CISF MHA, 3rd Floor, D-Link, Rajaji Bhavan, Besant Nagar, Chennai - 600 090.
Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for the records in respect of the impugned order passed by the first respondent Office Memorandum dated 26.08.2016 in No.7/5/2012-P & PW(F)/B, and consequently the impugned order passed by the fifth respondent in No.E-42099/CISF/10 TH RB (A)/ACCTS//2018/2899 dated 17.09.2018 and quash the same and direct the respondents to release the Gratuity amount of Rs.4,74,479/- (Rupees Four Lakhs Seventy Four Thousand Four Hundred and Seventy Nine Only) in favour of the petitioner.
For Petitioner(s): Mr.P.Sam Japa Singh For Respondent(s): Mr.K.Srinivasamurthy Senior Panel Counsel
ORDER
Heard the learned counsel for the petitioner and the learned Senior Panel Counsel for the respondents and also perused the records.
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pay Gratuity amount is illegal, arbitrary and contrary to the provisions of the Act.
petitioner had joined the service on 23.09.2005 and was relieved from the service on resignation on 29.12.2016 and thus, completed service of 11 years, 3 months and 6 days; that the petitioner, on being appointed, was covered under National Pension Scheme (NPS); that as the petitioner had resigned from service, under Rule 26(1) of the Central Civil Services (Pension) Rules, 1972 (in short “the 1972 Rules”), the service put in by him would stand forfeited; and thus, the petitioner is not entitled for being granted any Gratuity on resignation.
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service of the petitioner of 11 years, 3 months and 6 days would stand forfeited on resignation and the petitioner is not eligible either for being granted pension or to claim payment of such pension.
allowed only in case of Retirement, Death, Invalidation or on being allowed to retire; that the petitioner having resigned from service on his own volition, is not entitled for being sanction of Gratuity amount; and that considering the aforesaid rule position, the respondents have rejected the application made by the petitioner on 07.09.2018 for grant of pension by passing the impugned order dated 17.09.2018.
to whether the petitioner is entitled to payment of Gratuity on resigning from service.
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of whitener by adding a word “resignation” and also as to the date mentioned there. Secondly, the date affixed by the issuing authority is 14.03.2014. Thirdly, the heading of the said worksheet indicates that the petitioner having obtained the said certificate by claiming as “retiring on 29.12.2016”, which reason is also mentioned in Serial No.5 of the said certificate as “date of retirement” and not “resignation”. Thus, the said certificate can only be considered as the certificate obtained by the petitioner from the authorities concerned, claiming to ascertain as to what would be the Gratuity amount he would be receiving, if he “retires” on 29.12.2016 and not by way of “resignation”.
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retire from service after serving the post for 11 years, 3 months and 6 days to claim Gratuity that had accrued for the said period of service.
for forfeiture of service on resignation, the petitioner is not entitled to be granted any Gratuity amount, much less on the basis of worksheet obtained by him showing the said calculation as “on retiring from service” on 29.12.2016.
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the 2021 Rules, provide for forfeiture of service on resignation under Rule 26 and Rule 17 respectively, the petitioner cannot claim of being eligible to count his service from September 2005 to December 2016 as eligible period for grant of Gratuity.
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Jd
Neutral Citation:Yes/No
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To
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T.VINOD KUMAR J. jd
Pre-Delivery Order made in
WP No. 1680 of 2019
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2 issues framed by the court
Whether a petitioner is entitled to payment of gratuity upon resigning from service in the CISF.
Whether forfeiture of service under the 1972 Rules and 2021 Rules bars gratuity claims on resignation.
4 provisions across 4 enactments
S.Jaya Kumar
The Director (Pension Policy), Ministry of Personnel, Public Grievances and Pensions
The Director General, CISF
The Additional Director General
The Deputy Inspector General CISF, Airport South Zone HQRS
The Senior Commandant, CISF
T. VINOD KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
