UNION OF INDIA Vs. M R SHIVAPPA

JUDGEMENT

(1.) WRIT Appeal Nos. 3602 of 1997 and 4960 of 1999 have been filed by the Union of India aggrieved by the payment of gratuity to the employees who had resigned from service on the ground that as per Rule 26 of the Central Civil Services (Pension) Rules, 1972, resignation from service unless it is allowed to be withdrawn in the public interest by the appointing Authority, entails forfeiture of past service. Since both the writ petitions raise common question of law, they have been taken up together and a common order is passed in these writ appeals.

(2.) THE writ petitioner in Writ Appeal No. 3602 of 1997 was an EX military Pensioner appointed in the Controllerate of Quality Assuranoe bangalore on 23-8-1982 and submitted his resignation on12-12-1990 which was accepted by the Management on 31-5-1990. He had rendered seven years and nine months of service in the said post

(3.) THE petitioner in the Writ Appeal No. 4960 of 1999 was appointed as Office Assistant in Telecom Department, Bellary He wasappointed on 6-1-1981 and resigned on 22-6-1988 after putting in service of seven years five months and fifteen days.