In Brief
An Army officer commissioned in 1992 applied on 15 April 2000 to resign from service citing lack of promotional prospects. The application was initially rejected, but was eventually accepted following a High Court order in 2007—without terminal or pension benefits. The officer later claimed he was entitled to pension as a 'late entrant' under Regulation 15. The Supreme Court held that the officer had submitted a resignation, not a voluntary retirement request, and did not meet the criteria for 'late entrant' status (which requires compulsory retirement at the prescribed age limit, not voluntary resignation). The distinction between resignation and voluntary retirement is material: resignation can be tendered at any time but retiral benefits are normally denied. The appeal was allowed and the Tribunal's order was set aside.
The lawyer headnote and full judgment text are available to registered users.