In a recent court case, the Delhi High Court made a decision about a pension argument between the All India Institute of Medical Sciences (AIIMS) and Dr. Madhu Bhardwaj. The court decided that because Dr. Bhardwaj quit her job, she wasn’t allowed to get pension benefits. Here's a simple breakdown of what happened.
Dr. Madhu Bhardwaj started working at AIIMS as a Senior Research Fellow from February 1979 to April 1983. Later, she became a Clinical Psychologist in April 1983. She took some time off from 1997 to 2002, but her last day of work was October 30, 2002.
On January 27, 2003, AIIMS asked Dr. Bhardwaj to come back to work. Instead, she asked to retire early on February 27, 2003, because of health problems. When she didn’t get a response, she quit on April 27, 2003, asking for her quitting to be effective from October 30, 2002.
“Keeping in view my circumstances I hereby resign from the position of Clinical Psychologist.” – Dr. Bhardwaj
The court, led by Justice Madhu Jain and Justice Navin Chawla, decided that Dr. Bhardwaj quitting her job meant she lost her previous work benefits according to Rule 26 of the CCS (Pension) Rules, 1972. This meant she couldn’t get pension benefits.
Dr. Bhardwaj argued that her time as a Senior Research Fellow should count towards her pension. However, the court disagreed, saying that her fellowship under ICMR didn’t count as work at AIIMS.
Dr. Bhardwaj’s claim was also turned down because she waited too long. She quit in 2003, but didn’t challenge it until 2012, almost ten years later.
The court canceled the earlier decision to give her pension benefits, saying that quitting her job meant losing her work benefits and that she filed her claim too late.
This case shows how important it is to understand job rules and how quitting can affect pension rights.
"The learned Tribunal erred in treating ICMR fellowship as qualifying service." – Court Ruling
This decision highlights the difference between quitting and retiring early, which affects whether someone can get a pension.
