...before the Patna Bench of the Central Administrative Tribunal (in short “the Tribunal”). The Tribunal by its order dated 14-3-2001 held that the forfeiture of past service was not sustainable in law.... It was held that by operation of Rule 26 the benefit available to a retired government servant cannot be denied on the purported ground of forfeiture of past service. It was noticed that though the...Court questioning correctness of the Tribunal's decision. The High Court by its order dated 17-4-2003 held that to receive retirement benefits is a right of service which is inherent, and the Rules should not be torn out of context to deny post-retirement benefits.3. In support of the appeal learned counsel for the appellants submitted that Rule 26(1) in clear terms postulates about forfeiture of...

...rendered a minimum of 10 years of service in the Bank on the date of his retirement shall qualify for pension. Regulation 22 deals with forfeiture of service and it reads as follows:“22. Forfeiture of...service.—(1) Resignation or dismissal or removal or termination of an employee from the service of the Bank shall entail forfeiture of his entire past service and consequently shall...not qualify for pensionary benefits.(2) An interruption in the service of a bank employee entails forfeiture of his past service, except in the following cases, namely...

...appellant had been subjected to the punishment of forfeiture of three years' service for increment. This forfeiture was later reduced to two years of service for the purpose of increment. The appellant...Rules to mean “Service qualifying for pension”. We have, therefore, to consider the effect of forfeiture of service for the purpose of increment under the Punjab Police Rules, 1934 and its impact on...forfeiture of approved service is to be permanent; or, if not, the period for which it has been forfeited.(3) Reinstatement on the expiry of a period fixed under sub...

...provision to be taken note of is Rule 23 of the Pension Rules, which reads as under:“23. Forfeiture of service.—Resignation or dismissal or removal or termination or compulsory...retirement of an employee from the service of the Corporation shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits....”15. The aforesaid Rules, thus, show that resignation entails forfeiture of the entire past service and consequently would not qualify for pensionary benefits. Rule 31 deals with “Pension...

..., passed an order to the effect that there was a break in the service of the petitioners from the dates shown against each of them as they were participating in the illegal strike of the running staff of the Mechanical Department and were absenting themselves from duty without authority. The order further added:“This break-in-service involves forfeiture of...that an order of forfeiture of past service cannot be made without observing the principles of natural justice. The principle of the case was applied by the High Court of Rajasthan to cases of break in..., (1980) 1 SLR 507 observed:“In view of the decisions aforesaid, it must be held that an order with regard to the break in service which results in forfeiture of the past service of...

...considered Rule 26 of the Central Civil Services (Pension) Rules (“the CCS Rules”, for short) and held that resignation from service would entail forfeiture of past service.6...allowed to be withdrawn in public interest by the appointing authority, entails forfeiture of past service.(2) A resignation shall not entail forfeiture of past service if...:‘26. Forfeiture of service on resignation.—(1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture...

...required to serve in the ranks as a sepoy;(g) forfeiture of seniority of rank, in the case of officers, junior commissioned officers, warrant officers and non-commissioned officers; and forfeiture of all or any part of their service for...the purpose of promotion, in the case of any of them whose promotion depends upon length of service;(h) forfeiture of...service for the purpose of increased pay, pension or any other prescribed purpose;(i) severe reprimand or reprimand, in the case of officers, junior commissioned officers, warrant officers and non-commissioned officers;(j) forfeiture of...

...being D. B. Special Appeal Writ No. 443 of 2018 with the following observations:“…Admittedly, service of the respondent under the Rajasthan Agriculture Engineering Board was pensionable. As per Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996, resignation shall not entail forfeiture of.... Rule 25 of the Rajasthan Civil Services (Pension) Rules, 1996 hereinafter referred to as “the Rules” reads as follows:“25. Forfeiture of Service on resignation...(1) Resignation from a service or a post, entails forfeiture of past service.(2) A resignation shall not entail forfeiture of past service if it has been...

...Servant on 24.11.1981 in the respondent-department. The service of the petitioner was subsequently regularised. The petitioner served the department for 11 yeas and 8 months. Thereafter, the petitioner resigned on 12.07.1993, on medical grounds.3. It is contended by the learned counsel for the petitioner that though as per Rule 23 of the Pension Rules the resignation results in forfeiture of...service, but as the petitioner had resigned on medical ground, he is protected under proviso to Rule 23 of the Pension Rules therefore, entitled to pension.4. Rule 23 of the Pension Rules reads as under:-“Forfeiture of...service on resignation:-(1) Resignation from a service or post entails forfeiture of...

...fact, the DIG, CRPF had referred to the said instructions while differing from the punishment proposed. Rule 24 of the CCS (Pension) Rules reads as follows:“24. Forfeiture of service on...dismissal or removal.—Dismissal or removal of a government servant from a service or post entails, forfeiture of his past service.”7. Therefore, in case...undisputedly rendered about 27 years of service. But on the basis of certain allegations he faced departmental inquiry. Article of charge reads as follows:“Article 1...

...) downgrading of seniority; and (d) forfeiture of service already rendered. This order of penalty was passed on 10th October, 1988, vide Annexure A-1. Petitioner retired in the year 1997. So long as...imposed. The penalties, which are alleged to be not prescribed by the Rules, are downgrading of seniority and forfeiture of service. On the abolition of the H.P State Administrative Tribunal, the matter...penalty of forfeiture of service has brought down the length of service to a level that the petitioner has not been granted any pension or other retiral benefits, to which he would have been entitled, but for the penalty of forfeiture of...

...levelled against him, a Show Cause Notice was issued to him on 20.04.1987 proposing the punishment of forfeiture of entire service permanently with cumulative effect. After considering the...representation of the applicant submitted thereto, a penalty of forfeiture of entire service of the applicant was imposed on him vide its Order dated 07.08.1987. The appeal filed by the applicant against the.... The learned counsel for the applicant submits that Rule 8 (d) of the Delhi Police (Punishment & Appeal) Rules, 1980, provides for forfeiture of approved service of an officer who was found guilty...

...post entails forfeiture of the past service. According to him, the past service, having forfeited, the first respondent is not entitled to pension, which is depending on the service rendered. It is...interruption in service. The forfeiture of service is stipulated under Rule 21 in case of dismissal or removal, which reads as under: Rule 21...: Forfeiture of service on dismissal or removal.- Dismissal or removal of a Government servant from a service or post entails forfeiture of his past service. As far as the resignation is...

...punishment of forfeiture of two years service 'with permanent effect'. His appeal having been dismissed he filed the instant suit. The trial court dismissed the suit and he filed an appeal. The lower...appellate court held that in Rule 16.2 there was no punishment with the nomenclature 'forfeiture of service with permanent effect' and consequently set aside the order of punishment. It may be mentioned... 2 Reduction 3 Stoppage of increment or forfeiture of approved service for increment It is the contention of the learned Assistant Advocate General that...

...forfeiture of pension on the ground that he was dismissed from service. He submitted reply to the said show-cause notice. However, the President of India by order dated 22-7-1992 under the said Regulation 16...for forfeiture of service for purposes of increased pay, pension or any other prescribed purpose under Section 71(h) or 71(k) of the Army Act; in case service of army personnel is terminated on the administrative side (without holding Court Martial) then the statutory authority to decide forfeiture or...) ***(h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;(i)-(j...

...his first appointment i.e. January 15, 1974 till January 15, 1994 undeniably completed 20 years of service, 6. Regulation 26(a), which relates to resignation, provides that "Resignation or dismissal or removal from service for misconduct, insolvency, inefficiency (not due to age) or failure to pass a prescribed examination may entail forfeiture of...service." Evidently Regulation 26(a) connotes that past service of an employee can be forfeited only on the ground of misconduct, insolvency, inefficiency and incompetency. Resignation on the ground of age would not be deemed to be a resignation requiring forfeiture of...service or dismissal or removal from it for misconduct, insolvency, inefficiency, not due to age or failure to pass a prescribed examination entail forfeiture of past service." This...

...the date of dismissal i.e from 27.8.1974 to 6.3.1995 This period of service was reckonable to earn pension.3. Counsel for the petitioner submits that he is entitled to retiral benefits for the reason that the Summary Security Force Court had not awarded any such punishment for forfeiture of...denied by the respondents that the petitioner is entitled to any retiral benefits on the ground that he had been dismissed from service and the dismissal from service entitles itself the forfeiture of pension, gratuity and other benefits to which the petitioner would have been entitled to.6. Section 48 of the Border Security Force Act enumerates the punishments to be inflicted in respect of the offences committed by the persons subject to the Border Security Force Act i.e death, imprisonment, dismissal from service, forfeiture...(g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;(h) xxxx(i) xxxx(j) xxxx(k...

...Police, Punjab on the basis that his 25 years of service stands forfeited with permanent effect and, accordingly, he is not entitled to the pensionary/retiral benefits.7. It is now well settled that forfeiture of..., of the punishment of forfeiture of two years for the purpose of increments is that there is deferment of increment or increments over the forfeited period or there is reduction in pay. It does not have any impact on the length of service qualifying...good conduct and it is open to the department to pass a separate order not to reinstate an officer, there is a break in the service of the officer when an order is passed under Sub Rule (1) or (2). However, reinstatement in the context of Rule 16.5 can refer only to the resumption of service for the purpose of grant of increments. Forfeiture of...

...the express provisions of Rule 25 of the Rules of 1996, which reads as under:- "Rule 25. Forfeiture of service on resignation (1...) Resignation from a service or a post, entails forfeiture of past service. (2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper...not entail forfeiture of past service and in those circumstances, the stand sought to be taken by the respondents on account of the resignations given by the petitioners, cannot be sustained...