Assam Service Rules | Officer Voluntarily Resigning Without Taking Another Govt Appointment Barred From Claiming Pension: Gauhati High Court

The Gauhati High Court held that under the Assam Service (Pension) Rules a government employee who voluntarily resigns, without there being material to show that the resignation was for taking up another qualifying government appointment, results in forfeiture of past service and the employee is not entitled to pension. The Court, however, clarified that claims relating to earned leave encashment, salary arrears and withdrawal of PRAN amount stand on a different footing and are to be dealt with in accordance with the applicable rules, if admissible.Justice Budi Habung, referring to Rule 62(a) of the Assam Services (Pension) Rules, 1969, observed:“Upon consideration of the pleadings and the materials on record, it is not in dispute that the petitioner voluntarily resigned from his service as a Junior Teacher for whatever reason, and his resignation has been duly accepted by the competent authority with effect from the date requested by him. ... There is no material to show that the resignation submitted by the petitioner was for the purpose of taking up another qualifying government appointment. Under Rule 62(a) of the Assam Services (Pension) Rules, 1969, a resignation in such circumstances results in forfeiture of past service of the incumbent.”“Consequently, the petitioner is not entitled to pension or gratuity as claimed. The claim of the petitioner for advance increments cannot be entertained after acceptance of resignation and in the absence of prior sanction of the competent authority,” the Court added.The ruling arose out of a writ petition filed by the petitioner, who was appointed as a Junior Teacher in the Medical Institute, Jorhat and joined service in 2010. After rendering about ten years of service, he submitted his resignation in 2021, which was accepted by the competent authority in 2022 with effect from 02.01.2021.The petitioner approached the Court seeking release of pensionary benefits, gratuity, earned leave encashment, advance increments, arrears under the 7th Pay Commission, and release of the amount credited in his PRAN account under the New Defined Contribution Scheme, 2009.It was contended on behalf of the petitioner that he had rendered more than ten years of continuous service and was therefore entitled to the said benefits. It was also submitted that the resignation was tendered due to non-functioning and improper management of the institution and not with an intention to forfeit service benefits.The respondents, on the other hand, contended that in view of Rule 62(a) of the Assam Services (Pension) Rules, 1969, once the petitioner voluntarily resigned and the resignation was accepted, his past service stood forfeited and he was not entitled to pensionary benefits.Upon consideration of the materials on record, the Court rejected the claims for pension, gratuity and advance increments. However, the it clarified that other claims stood on a different footing. It observed, “…the petitioner's claims regarding earned leave encashment and salary arrears, including the benefits of the 7th Pay Commission up to the date of resignation, if admissible under the rules, stand on a different footing and therefore, the same may have to be dealt with separately in accordance with the law.”With regard to the PRAN amount, the Court held, “the amount credited belongs to the petitioner as his individual contribution along with the employer's contribution and is governed by the rules of the scheme. The petitioner is entitled to receive or withdraw the admissible amount in accordance with the procedure prescribed under the said scheme.”Accordingly, while rejecting the claim for pension, gratuity and advance increments, the Court directed the respondent authorities to process and release earned leave encashment, if admissible, calculate salary arrears including 7th Pay Commission benefits up to the date of resignation, and take necessary steps for release/withdrawal of the amount lying in the petitioner's PRAN account in accordance with the New Defined Contribution Pension Scheme, 2009.Case Number: WP(C)/2593/2023 Case Name: Sandeep Bharali v. State of Assam and Ors. Click here to read the judgment

Assam Service Rules | Officer Voluntarily Resigning Without Taking Another Govt Appointment Barred From Claiming Pension: Gauhati High Court

Bhavya Singh

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