Service rule is unconstitutional which denies pension to persons who resigned from service not on account of any disciplinary proceedings or intended disciplinary proceedings.
E.K.Varghese Vs. State of Kerala
Kerala Service Rules - Rule 32, 33, 42, 55 and 56 - Pension - Constitutionality of Rule 29(a) part III KSR - Denial of pension and pensionary benefits - Resignation and Dismissals - Resignation of the Public Service or dismissal or removal from it, entails forfeiture of past service - Rule 11 empowers the Government to consider individual cases - It is crucial to note that Rule 5 of Part III KSR states that compassionate pension can be granted to persons, who are dismissed from service for inefficiency and for other reasons, in deserving cases. However one who resigned from service with excellent track records, pension is rubbed off for no sensible reason. Therefore, Rule 29(a) Part III KSR is unconstitutional, illegal and ultra-vires insofar as it denies pension to the persons who resigned from service not on account of any disciplinary proceedings or intended disciplinary proceedings.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.V. RAMAKRISHNA PILLAI, J.
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W.P.(C) No. 33341 of 2010
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Dated this the 7th day of March, 2014
- https://www.lawweb.in/2014/03/service-rule-unconstitutional-illegal.html
