Central Govt Staff lose pension for past service if they join another govt post without permission

A recent Supreme Court ruling states that if a government employee resigns without authorization to take another government job, they will lose their past service credits and pension benefits. This judgment arose from the case of a security officer who left the Central Industrial Security Force (CISF) to join Hindustan Aeronautics Limited (HAL). The Central Civil Service Pension Rules, 1972, apply to government employees appointed before 2003.

The Court, comprising Justices Hrishikesh Roy and Pankaj Mithal, overturned a High Court decision that initially granted relief to the respondent, stating that resignation would not result in the forfeiture of past service. The Supreme Court referred to a previous case, Union of India v. Braj Nandan Singh, which held that resigning from a government service for another post without permission would lead to service forfeiture.

In this case, the respondent had requested permission but was denied. The Court ruled that participating in an interview and accepting a new job without permission would disqualify him from receiving pension benefits as per Rule 26 of the CCPS Rules.

The dispute centers on the respondent's claim for pension benefits from his previous employer, the CISF, after resigning in 1998 to join HAL. It was observed that he had not followed the proper procedure or obtained permission when applying for the HAL job. Consequently, he was deemed ineligible for monthly pension, retirement benefits, and service gratuity in line with the CCPS Rules.

The High Court had initially allowed pension benefits for the period served by the respondent (1985-1998), based on his claim that he had applied for permission from the CISF to join HAL. However, the Supreme Court ruled that the respondent had directly applied to HAL, thinking that permission would be granted. There was no intention by the respondent to hide his pursuit of another job with HAL as a security officer.

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