Pension after resignation, completed service of 19 years

This query is : Resolved 

11 October 2018

Hello Sir
I have completed my Service in State Government Aided college as a Lab Assistant from 1998, i completed 17 years of full service up to 31st August 2015 and taken without pay leave for 3 years, ie up to 31.8.2018, in leave period got job in company, so i have informed to previous employer that, i am not joining duty, please consider my resignation and disburse my GPF, Graduty and Submit Pension proposal to government as i completed 19 years, 11 months and 22 years of service including leave without pay.
At the time of Joining in 1998, i am graduate and appointed as a lab assistant, during service period, i have completed Ph.D (Doctorate) in July 2016. As per my educational qualification, i am not suit for post of lab assistant, so i have decided to work in a company.
Can any body share any High court or supreme court decision, that is relevant to my case to file case in court.

Dhingra: (Expert)
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11 October 2018

Well thought plan. Your noble work will help crores of employees to get pension from their past organizations on submitting resignation to get a good job.

But sorry, you will have to fight your case only on merits of your case (if this does not relate to any moot court exercise, as a law student). No past decision of High Court or Supreme Court can help you. You will have to create history by yourself, not through any other's court judgment.

If a real case, you should rather be thankful to your college that helped you complete your doctorate by not refusing you leave, may be without pay.

Sudhir Kumar (Expert)
11 October 2018

t is reply of deptt.

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