Resignation and voluntary retirement remain distinct under pension rules; resigned employees cannot claim pension by equating the two.

The Pension Regulations framed under the Reserve Bank of India Act, 1934 expressly provided that resignation, dismissal, or termination forfeited past service and disqualified an employee from pension. Resignation and voluntary retirement were treated as distinct concepts in service law, and voluntary retirement was available only on satisfaction of the prescribed age or qualifying service conditions under the Staff Regulations. Administrative recommendations to amend the regulations did not create an enforceable pension right or override the existing text. Employees who resigned before the Pension Regulations came into force were therefore not entitled to pension, and resignation could not be treated as voluntary retirement for pension eligibility.

---

---

Issues: Whether employees who resigned from service before the Pension Regulations came into force were entitled to pension, and whether resignation could be treated as voluntary retirement for the purpose of pension eligibility.

Analysis: The Pension Regulations were framed under the Reserve Bank of India Act, 1934 with the sanction of the Central Government, and Regulation 18 expressly provided that resignation, dismissal, or termination entailed forfeiture of past service and disqualified the employee from pension. The Staff Regulations separately dealt with superannuation, compulsory retirement, and voluntary retirement, and voluntary retirement under Regulation 26 required satisfaction of the prescribed age or qualifying service conditions. Resignation and voluntary retirement were held to be distinct concepts in service law, with different legal consequences. The Court also held that mere administrative recommendations for amendment could not override the unamended Pension Regulations or create an enforceable right.

Conclusion: Resigned employees were not entitled to pension under the Pension Regulations, and resignation could not be equated with voluntary retirement for claiming pension.

Ratio Decidendi: Where service regulations expressly provide forfeiture of past service on resignation, an employee who resigns cannot claim pension by equating resignation with voluntary retirement unless the governing regulations themselves create such an entitlement.

---