Understanding the Distinctions in Service Jurisprudence
The Apex Court, in the case of RBI vs. Cecil Denis Solomon, observed that in service jurisprudence, the expressions "superannuation," "voluntary retirement," "compulsory retirement," and "resignation" convey different connotations.
Voluntary retirement and resignation involve voluntary acts by the employee to leave service. Although both involve voluntary acts, they operate differently. One of the basic distinctions is that resignation can be tendered at any time, but voluntary retirement can only be sought after rendering the prescribed period of qualifying service. Another fundamental distinction is that, in the case of resignation, normally retiral benefits are denied, whereas in the case of voluntary retirement, they are not denied. For resignation, permission or notice is not mandated, while for voluntary retirement, the permission of the employer concerned is a requisite condition.
Though resignation is a bilateral concept and becomes effective upon acceptance by the competent authority, the general rule can be displaced by express provisions to the contrary. In the case of PNB vs. P.K. Mittal, interpreting Regulation 20(2) of the Punjab National Bank Regulations, the Apex Court held that resignation would automatically take effect from the date specified in the notice, as there was no provision for any acceptance or rejection of resignation by the employer.
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