Ashok Kumar Dabas (Dead Through Legal Heirs) vs Delhi Transport Corporation

Court

Supreme Court of India

Date

9 December 2025

Case No.

Civil Appeal No. 14660 of 2025

Result

Partly allowed

Bench

Rajesh Bindal, Manmohan

Citation

[2025] 12 S.C.R. 548 : 2025 INSC 1404

Acts & Sections

Payment of Gratuity Act, 1972 Central Civil Services (Pension) Rules, 1972

Issue for consideration

The High Court has upheld the orders passed by the Tribunal by which the claim of the predecessors-in-interest of the appellant, for release of the pensionary benefits of the deceased employee, was declined.

Headnote

Central Civil Services (Pension) Rules, 1972 – rr.26, 36, 48, 48A – Payment of Gratuity Act, 1972 – s.4 – The deceased employee/AK was selected and joined the Corporation in the year 1985 – He resigned from the job on 07.08.2014 – His resignation was accepted on 19.09.2014 – This was the end of his employment with the Corporation – The issue raised before this Court is regarding his entitlement to pension, gratuity and leave encashment:

Held: In the case in hand, admittedly the deceased employee resigned from service on 07.08.2014, which was accepted by the competent authority on 19.09.2014 – The withdrawal of the resignation after acceptance was declined by the competent authority on 28.04.2015 – Meaning thereby, it is clear that the deceased employee had resigned from service and his withdrawal from resignation was not accepted – It is settled law that on resignation, past service of an employee stands forfeited – Hence, he will not be entitled to any pension – As far as payment of gratuity to the legal heirs of deceased employee are concerned, a perusal of s.4 of the Act 1972, clearly shows that an employee who had rendered not less than five years of service will be entitled to payment of gratuity, regardless of the fact that he had retired or resigned from service – There is no dispute on the fact that in terms of s.5 of the 1972 Act there is no notification issued by the appropriate government exempting the Corporation from the application of the 1972 Act – Hence, the appellant is entitled to receive gratuity in terms of the 1972 Act for the service rendered by him – Insofar as payment of emoluments towards leave encashment is concerned, the respondent had submitted that amount due to the deceased employee shall be paid to his family members – The amount due to the deceased employee directed to be paid along with interest @6 % p.a. from the date of his resignation till payment. [Paras 9.1, 9.6, 10, 10.1, 10.2, 11, 12]

Judgment Rajesh Bindal, J. 1. Leave granted. 2. The appellant has filed the present appeal impugning the order1 passed by the Division Bench of the High Court2. The High Court has upheld the orders3 passed by the Tribunal4 by which the claim of the predecessors-in-interest of the appellant, for release of the pensionary benefits of the deceased employee, was declined. 3. Briefly, the facts as available on record are that the deceased appellant/Ashok Kumar Dabas was selected and appointed as conductor with the respondent/Corporation5 in the year 1985. Vide Office Order No.16 dated 27.11.199

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