SHEELKUMAR JAIN Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) LEAVE granted,

(2.) THIS is an appeal by way of special leave against the order dated 10.11.2006 of the Division Bench of the Madhya Pradesh High Court, Indore Bench, in W.A. No.244 of 2006.

(3.) THE appellant then filed Writ Petition No.692 of 1996 before the Madhya Pradesh High Court, Indore Bench, which was dismissed by the learned Single Judge by order dated 15.02.2000. Aggrieved, the appellant initially filed Special Leave Petition before this Court, but thereafter withdrew the same and challenged the order of the learned Single Judge before the Division Bench of the Madhya Pradesh High Court in Writ Appeal No.224 of 2006. The Division Bench of the Madhya Pradesh High Court held in the impugned order that under Clause 22 of the Pension Scheme, 1995, resignation entails forfeiture of the past services and as the appellant has resigned from service, even if he had worked for 20 years in respondent No. 1 -Company, he cannot be equated with an employee who, had taken voluntary retirement from service j under Clause 30 of the Pension Scheme, 1995 and the Pension Scheme, 1995 did not apply to the appellant and dismissed the Writ Appeal.