Meghalaya HC denies pension to ex-Assam Rifles rifleman, says voluntary discharge leads to forfeiture of past service
New Delhi, Nov. 7 -- The Meghalaya High Court has dismissed a pension claim filed by a former Assam Rifles Rifleman who sought retirement benefits after serving for more than 13 years, holding that voluntary discharge from service on one's own request amounts to resignation and results in forfeiture of past service under the Central Civil Services (Pension) Rules, 1972, reported Live Law.
The court clarified that an employee cannot claim pensionary benefits under Rule 49(2) merely because he has completed 10 years of qualifying service if Rule 26(1), which provides for forfeiture of past service upon resignation, applies to his case.
The court also rejected the petitioner's challenge on the grounds of delay and laches, noting that he ap...
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