NDLI: Union of India and Another Vs. Abhiram Verma

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law Writ petition
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Pension Regulations for the Army, 1961 – Regn. 15 – Pension Regulations for the Army, 2008 – The respondent was commissioned in the Indian Army (Armed Medical Corps) as a Short Service Commission Officer – In the year 1998, he was granted permanent commission – By letter/application dated 15.04.2000, the respondent applied for resignation on the ground of lack of promotional prospects – His actual date of superannuation was 31.05.2014 – The application for resignation came to be rejected by the DG, Medical Services (Army) – Writ petition by the respondent – The said writ petition came to be allowed by the High Court and the Army was directed to consider the case of resignation afresh – Thereafter the respondent’s resignation came to be accepted on 31.01.2007, however, it was stated that he was not entitled to any terminal benefits except for encashment of leave (the denial of the terminal benefits was the subject matter before the Armed Forces Tribunal) – Tribunal directed the appellants to process the respondent’s claim for terminal/pensionary benefits taking qualifying service as 15 years as a “late entrant” u/regn. 15 of the Pension Regulations, 1961 – Aggrieved, the Union of India preferred appeal before the Supreme Court – Whether in the facts and circumstances of the case, the respondent is entitled to the benefit of regn. 15 of Pension Regulations, 1961 as a “late entrant” and therefore entitled to the pensionary benefits? – It is the case on behalf of the respondent that his application tendered on 15.04.2000 was not an application for “resignation”, but it was a request for “voluntary retirement” – Held: The qualifying service for the purpose of “voluntary retirement” is minimum 10 years’ service – Admittedly, the respondent did not complete the 10 years of service on 15.04.2000 when he tendered his resignation and therefore as such was not eligible to apply for “voluntary retirement” – Therefore, he could not have applied for ‘voluntary retirement’ – The avermentsin the writ petition all throughout the word used by the respondent is “resignation” – It is only as an afterthought and to get the benefit of “late entrant” u/regn. 15, the respondent is contending that his application was ‘voluntary retirement’ – Thus, on 15.04.2000 the respondent tendered “resignation” for lack of promotional avenues/ aspects and it was not a case of “voluntary retirement” – Accordingly, the respondent’s claim for terminal/pensionary benefits taking his qualifying service as 15 years as regards “late entrant” in terms of regn. 15 of the Pension Regulations, 1961 is quashed and set aside. Words and Phrases – Distinction between the “resignation” and “voluntary retirement” – discussed.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2021 INSC 585
Petitioner	Union Of India And Another
Respondent	Abhiram Verma
SCR	[2021] 9 S.C.R. 55
Judgement Date	2021-09-30
Case Number	1027

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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