Court Upholds Forfeiture of Pension Under CCS (Pension) Rules, 1972 for Voluntary Discharge; Rejects 22-Year-Delayed Challenge
The Meghalaya High Court, presided over by Mr. W. Diengdoh, J., on October 29, 2026, dismissed the petition of Ex No. G/2401450 Rifleman L. Pearlson of Assam Rifles, who sought pensionary benefits following his discharge from service on "own request on extreme compassionate ground" after serving 13 years, 5 months, and 27 days. The petitioner challenged the refusal of pension, claiming that he never applied for discharge voluntarily and that having completed over 10 years of service, he was entitled to pension under Rule 49(2) of the Central Civil Services (Pension) Rules, 1972.
The Court, however, found that the petitioner had, in fact, requested premature discharge in 1998 citing extreme compassionate grounds, a request which was acknowledged by the Commandant of 24th Assam Rifles. At the time of discharge, the petitioner had signed a certificate confirming that he was aware such discharge would not entitle him to pensionary benefits. The discharge order dated June 30, 1999, explicitly recorded the reason as "Discharge from service on own request on extreme compassionate ground."
The Court emphasized that a voluntary discharge or resignation under Rule 26(1) of the CCS (Pension) Rules entails forfeiture of past service unless the appointing authority permits withdrawal in the public interest. Since the petitioner's discharge was on his own request and not withdrawn, he was not eligible for pension despite completing more than 10 years of service. The Court further clarified that Rule 49(2), which provides pension benefits after a minimum qualifying service of 10 years, applies only to those who retire validly under the rules and not to those who resign or seek discharge voluntarily.
Additionally, the Court took note of the petitioner's significant delay of approximately 22 years in challenging his discharge. The petitioner became aware of his discharge in 1999 but only approached the Court in 2021 without providing any plausible explanation for the inordinate delay. The Court held that such delay and laches warranted dismissal of the petition.
Despite rejecting the pension claim, the Court directed the respondents to release any outstanding amounts due to the petitioner towards his Assam Rifles Leave Account (IRLA) and General Provident Fund (GPF) within 30 days. The petitioner was also advised to approach the authorities for any other admissible dues in accordance with law.
This judgment reinforces the strict application of the CCS (Pension) Rules regarding voluntary resignation and pension entitlement, highlighting the importance of timely legal recourse in service matters.
Bottom Line:
Service law - Assam Rifles personnel discharged from service on own request on extreme compassionate ground after rendering 13 years 5 months and 27 days of service - Voluntary discharge/resignation entails forfeiture of past service under Rule 26(1) of the Central Civil Services (Pension) Rules, 1972 - Pension not admissible - Rule 49(2) relating to minimum 10 years' service not applicable where past service stands forfeited - Petition also liable to be dismissed on ground of delay and laches of about 22 years.
Statutory provision(s):
Central Civil Services (Pension) Rules, 1972 - Rule 26(1), Rule 49(2), Rule 48-A
