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Supreme Court of India 2021-09-30 allowed

Union of India and another vs Abhiram Verma

Bench: 2 — M.R. Shah, A.S. Bopanna

In Brief

An Army Medical Corps officer applied for resignation on 15 April 2000, citing lack of promotional prospects. His application was initially rejected, then accepted in 2007 (following a High Court direction) without terminal benefits. The Armed Forces Tribunal later granted him 'late entrant' pension benefits under Regulation 15. The Supreme Court allowed the Union's appeal, holding that the officer was not entitled to such benefits. The officer had resigned—not voluntarily retired—as he lacked the minimum 10 years' service required for voluntary retirement at the time of application. Regulation 15's 'late entrant' status requires compulsory retirement at the prescribed age; mere resignation does not qualify. Therefore, he could not claim the pension benefits.

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