C. NANTHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants are petitioners in W.P.Nos.28969 and 28970 of 2013 respectively. The appellants / writ petitioners filed the said writ petitions, praying for issuance of Writ of Certiorarified Mandamus to call for the records and quash the order of the 2 nd respondent dated 27.05.2013 as communicated in proceedings dated 10.06.2013 respectively with consequential direction to count the services rendered by them in Central Industrial Security Force, for a period of 10 years and 8 months & 11 years and 7 months respectively and pay pension from 01.04.2012, with a further direction to continue to pay the pension due to the writ petitioners along with other writ petitioner with similar relief in W.P.No.25952 of 2013, came to be dismissed vide common impugned order dated 18.08.2020 and aggrieved by the same, the present Writ Appeals are filed.

(2.) The learned counsel appearing for the appellants / writ petitioners would submit that though the respective appellants in their resignation letters dated 24.03.2012 had cited domestic problem for resignation, the fact remains that in order to join other services only, they got relieved and the respondents were well aware of the same and also made a plea that in similar facts and circumstances, concession of counting the past services has also been extended and prays for interference.

(3.) The learned counsel appearing for the respondents would submit that as against dismissal of W.P.No.25952 of 2013, the Writ Appeal in W.A.No.21 of 2021 has been filed and the same came to be dismissed vide judgment dated 21.01.2021 and further drawn the attention of this Court to Rule 26(2) of the Central Civil Services (Pension) Rules, 1972 and would submit that in the light of the said provisions, coupled with the factual aspects that no permission had been obtained by the appellants / writ petitioners, before joining the services of other employer, and they are not entitled to any benefits and the said aspect has been rightly taken note of by the learned Judge and dismissed the Writ Petitions and prays for dismissal of these Writ Appeals.