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Friday, October 16, 2015

Resignation is voluntary retirement


DEAR ALL,

I attach the judgement of the SC dt 12/10/2015 in which it has been held that resignation of an employee who was in service as on 1/1/1986 and resigned before the notification dt 28/6/1995 of LIC Pension Rules 1995 is deemed to be voluntary retirement for the purpose of eligibility of the pension provided the conditions of voluntary retirement for eligibility of pension are satisfied by the resignee.

But the intriguing part of the judgment is that the Apex Court has ordered that arrears of pension will be payable only for three years prior to the date of filing of the Writ in the High Court.

So it may appear similarly placed resigned employees may need to approach the High Court/s with fresh writ petitions unless LIC management decides to pay them pension and arrears for three years from the date they make their applications to LIC for similar treatment.

From our experience in the M C Jain case implementation, the similarly placed resignees may decide whether they should resort to legal action to get pension and arrears.

Greetings.
C H Mahadevan