LexGHANSHYAM DASS RELHAN versus STATE OF HARYANA & ORS.
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. "' (2009) 10 S.C.R. 603 GHANSHYAM DASS RELHAN V. STATE OF HARYANA & ORS. (Special Leave Petition (c) No. 98 of 2007) JULY 16, 2009 [ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.] Punjab Civil Services Rules - Rules 6. 16(2) and 5. 32-A A B - Pension - Benefit of - Entitlement to - Confirmed employee in the service of State Government, resigning after C completing 18 years to join bank service - Employee sought permission of State Government - Superannuation from bank service - Claim of benefit of pension - Rejection of, by High Court - Interference with - Held: Not called for- Rule 5.32-A provides that Government employee is entitled to pension on D acceptance of his resignation subject to his completing qualifying service of not less than 30 years and 25 years in special cases - Petitioner did not complete qualifying service of 30 years - His service rendered with the bank would not be -counted towards Government service, thus not entitled to E pension under Rule 6. 16(2). In 1958, appellant was appointed as clerk in the office of State Government and confirmed to the said post. Thereafter, he was promoted as stenographer. In 1977, he resigned from the said post and joined the Kurukshetra Central Bank Limited as Senior Accountant. F On 30.09.1997 he retired from the bank on superannuation. He was paid retiral benefits but was not paid pension. He made a representation but the same was rejected. Writ petition was also dismissed. Hence, the G present petition. Dismissing the Special Leave Petition, the Court 603 H 604 SUPREME COURT REPORTS [2009] 10 S.C.R. A HELD: 1.1 It cannot be said that in view of the provisions of Rule 4.19(b) read with the latter portion of Rule 6.16(2) of the Punjab Civil Services Rules, the petitioner will be eligible and entitled to pro rata pension having rendered more than 10 years' service which has B been indicated as the qualifying service in the latter portion of the said Rule for the purpose of receiving pro- rata pension. [Para 15] (613-A-B] 1.2. The expression 'resignation from public service' will have to be read disjunctively from 'dismissal or C removal from it' The expression 'resignation from public service' will not be qualified by the subsequent references relating to anti-national activities. The expression 'dismissal or removal from it' will be qualified by the said expression which would in both cases entail forfeiture of D past service and disqualification so far as payment of pension is concerned. In other words, read disjunctively, resignation simpliciter from public service would entail forfeiture of past service and no pension is to be granted E in the said circumstances. [Para 16] (613-C-D] 1.3. As far as Rule 4.19(b) is concerned it is quite clear that resignation to take up with proper permission another appointment, would have to be in a service, which would count towards pension in Government F service. It means that the subsequent appointment must also be in public service and in such a case the resignation would not amount to resignation of public service. In such a case, continuity in public service would be accepted in computing the qualifying service of 30 G years for grant of pension. (Para 17] (613-E-F] H 1.4. Rule 6.16(2) cannot be divided into two separate compartments. The second part of the said Rule is a consequence of the first part, which deals with retirement upon superannuation and not resignation, as in the .. GHANSHYAM DASS RELHAN v. STATE OF 605 HARYANA & ORS. instant case. In order to be eligible for pension the A Government employee at the time of superannuation would have to complete qualifying service of not less than 33 years or more. However, an exception has been made in the second part of the said Rule which also allows the benefit of pro- rata pension to employees who had B rendered 10 years service or more. Not having superannuated from government service, the petitioner ~ cannot come within the said category and his case would instead be governed by Rule 5.32-A, which deals with resignation. [Para 18] [613-H; 614-A-C] c 1.5. Rule 5.32-A clearly provides that a Government employee is entitled on his resignation being accepted to a retiring pension subject to his completing qualifying ..,, service of not less than 30 years which in special cases D could be reduced to 25 years. Since the petitioner has not completed the qualifying service
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