Gauhati High Court: Voluntary Resignation Forfeits Past Service, No Pension Entitlement

 Gauhati High Court: Voluntary Resignation Forfeits Past Service, No Pension Entitlement

In a recent ruling, the Gauhati High Court, under Justice Kardak Ete, determined that an employee who voluntarily resigns forfeits their past service and is not entitled to pension benefits. This decision came in response to a writ petition by a former Central Reserve Police Force (CRPF) Constable who sought pension benefits after resigning due to health issues.

Case Summary

The employee joined the CRPF in 2000 and served for over 12 years. In 2008, while stationed in Guwahati, he developed severe backbone pain, later diagnosed as “Low Backache.” His condition worsened, leading to a P3(P) medical classification, which he argued should qualify him for a medical  retirement and associated benefits, including a pension.

In July 2012, the employee requested the CRPF to form a Medical Board to evaluate his condition. He stated that if the board was not constituted, his resignation should be accepted. The CRPF accepted his resignation in August 2012 without forming the board, resulting in his discharge without pension benefits, as he had not completed the mandatory 20 years of service required for pension eligibility.

The employee filed a writ petition claiming his resignation was conditional and should have led to the formation of a Medical Board. The CRPF argued that the resignation was voluntary, unambiguous, and not conditional, as per the Central Civil Services (CCS) Pension Rules.

Court’s Findings

The court concluded that the resignation was voluntary and clear, noting that the employee had provided an alternative for accepting his resignation if the Medical Board was not formed. It was also observed that a Medical Board had been constituted before the resignation, but the resignation took effect before the board’s assessment was completed.

The court upheld the CRPF’s decision, stating that the employee’s resignation resulted in the forfeiture of his past service, disqualifying him from pension benefits under Rule 26(1) of the CCS Pension Rules, 1972. The petition was dismissed, affirming the legality of the CRPF’s actions.