HC: Government servants need to have 20 years of qualifying service for availing the benefit of retiring pension

  

On 27^th September, a bench of Delhi High Court consisting of Justice V. Kameshwar Rao, held that a person who has only 15 years of service would only be able to apply for voluntary retirement but shall not be entitled to retiring pension   for which he must have 20 years of qualifying service.

The bench further stated that Rule 56(k) of FR also enables a government servant by giving notice of not less than three months in writing to retire from service.

Facts of the case:

The present petition has been filed by the petitioner challenging the rejection of his application / notice by  for voluntary retirement, with a consequential prayer that he be granted the retiral benefits.

Contention of the petitioner:

Mr. Chandra Shekhar, learned counsel on behalf of the petitioner contented the following:

1. It was submitted that On June 01, 2021, the petitioner served a notice of three months seeking voluntary retirement on the respondent University. The said request of the petitioner was turned down by the Respondent University vide the impugned communication dated June 21, 2021 on the ground that the request of the petitioner was examined under Rule 48(A) of CCS Pension Rules 1972.
2. It was contended that as no action was taken by the University, the petitioner approached this Court by way of a writ petition.
3. Mr. Chandra Shekhar would submit that this ground of the petitioner not having the qualifying service of 15 years is untenable, as the petitioner has availed the EOL after due sanction and the same is awaiting regularization.

Contention of the Respondent:

Mr. Pritish Sabharwal, learned counsel for the respondent contended the following:

1. It was submitted that that though the petitioner was fulfilling the criteria of joining government service before 35 years of age and applying voluntary retirement after attaining the age of 50 years, his 15 years of service in JMI is not completed due to non-regularization of EOL and deputation period.
2. It was also contended that the petitioner did not possess qualifying service of 15 years for voluntary retirement, as required under Rule 56(k) of the FR, because the petitioner availed Extraordinary Leave from time to time and the said period is awaiting regularization.

Observation and judgement of the court:

The following observation was made by the hon’ble bench of the court:

1. Rule 56(k) of FR also enables a government servant by giving notice of not less than three months in writing to retire from service, if he has attained the age of 50 years.
2. There is no dispute that the petitioner had joined the respondent University before he has attained the age of 35 years.
3. The primary objection of the University appears to be that he has not completed 15 years of service due to the non-regularization of EOL and deputation period.
4. It is only the withdrawal of the notice, which requires the acceptance of the University.

In the view of the above, the court held that even if the petitioner has 15 years of service, that would only enable him to apply for voluntary retirement but he shall not be entitled to retiring pension for which he must have 20 years of qualifying service, which he does not have, as it is the own case of the petitioner that he has only put in 17 years, 7 months and 26 days.

Read Judgment;

 

 

source ; .latestlaws.com

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