The petitioner, having tendered resignation which was accepted by the employer, sought retiral dues. The Court held that upon acceptance of resignation, past service is forfeited under the Pension Regulations, 1989. The writ petition seeking pension, gratuity, and selection grade was dismissed.
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[2025:RJ-JP:12899]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8347/2008
Shishupal S/o Shri Jodh Singh, aged about 59 years, R/o Dhanji Manji Ki Haveli, Sheikhpura Mohalla, Ward No, 27, District Sikar.
----Petitioner
Versus
----Respondent
| For Petitioner(s) | : Mr. Sushil Pujari |
|---|---|
| For Respondent(s) | : Mr. Surendra Meel |
JUSTICE ANOOP KUMAR DHAND
Order
20/03/2025
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[CW-8347/2008]
(2 of 3)
payment. Counsel submits that vide letter dated 20.08.2002, the petitioner was called upon to furnish certain details with regard to his absence for a particular time during his service. Counsel submits that the petitioner furnished the requisite information in the office of the respondents well within time but instead of passing of considerable time, till date, the retiral dues of the petitioner have not been released, hence under these circumstances, appropriate direction be issued to the respondents in this regard.
[2025:RJ-JP:12899]
[CW-8347/2008]
(3 of 3)
“Resignation from the service or dismissal or removal from it for misconduct, insolvency, inefficiency, not due to age or failure to pass a prescribed examination entails forfeiture of past service.”
(ANOOP KUMAR DHAND),J
Ashu/112
1 issue framed by the court
Whether a petitioner who tendered and had accepted a resignation is entitled to claim pension and gratuity upon voluntary retirement?
Shishupal
State of Rajasthan through Finance Secretary
Rajasthan State Road Transport Corporation through Managing Director
The Chief Managing, R.S.R.T.C. Depot
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
