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Legal Review and Analysis of Ashok Kumar Dabas Dead Thr LRs vs Delhi Transport Corporation 2025 INSC 1404

Case Synopsis

Ashok Kumar Dabas (Dead) Thr. LRs vs. Delhi Transport Corporation, 2025 INSC 1404

Synopsis: The Supreme Court delineated a strict boundary between resignation and voluntary retirement, holding that resignation under Rule 26 of the CCS (Pension) Rules leads to forfeiture of past service and disqualification for pension, regardless of service length. However, it concurrently upheld the statutory right to gratuity under the Payment of Gratuity Act, which remains payable even upon resignation.


1. Heading of the Judgment
Case Name: Ashok Kumar Dabas (Dead) Through Legal Heirs vs. Delhi Transport Corporation
Citation: 2025 INSC 1404
Court: Supreme Court of India
Judges: Justice Rajesh Bindal and Justice Manmohan
Date of Judgment: 9th December 2025


2. Related Laws and Sections

  • Central Civil Services (Pension) Rules, 1972:
    Rule 26: Forfeiture of service on resignation.
    Rule 36: Grant of retiring pension.
    Rule 48: Retirement on completion of 30 years' qualifying service.
    Rule 48-A: Retirement on completion of 20 years' qualifying service.

  • Payment of Gratuity Act, 1972:
    Section 4: Payment of gratuity upon termination afte


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