Ashok Kumar Dabas (D) v. Delhi Transport Corporation; 2025 INSC 1404 - Service - Gratuity - Pension
Payment of Gratuity Act, 1972 - Section 4,5 - An employee who had rendered not less than five years of service will be entitled to payment of gratuity, regardless of the fact that he had retired or resigned from service - Once it could not be established that the 1972 Act is not applicable, the claim of the employee for release of gratuity cannot be denied even if he had resigned from service. (Para 10)
Civil Service Pension Rules, 1972 - Rule 26 - On resignation, past service of an employee stands forfeited. (Para 9)
Case Info
Key Details
- Case name: Ashok Kumar Dabas (Dead through Legal Heirs) v. Delhi Transport Corporation
- Neutral citation: 2025 INSC 1404
- Coram: Justice Rajesh Bindal, Justice Manmohan
- Judgment date: December 9, 2025 (New Delhi)
Caselaws and citations
- Reserve Bank of India v. Cecil Dennis Solomon, (2004) 9 SCC 461; 2003 INSC 688
- Shashikala Devi v. Central Bank of India, (2014) 16 SCC 260; 2014 INSC 1045
- BSES Yamuna Power Ltd. v. Ghanshyam Chand Sharma, (2020) 3 SCC 346; 2019 INSC 1324
- Raj Kumar v. Union of India, 2017 SCC OnLine Del 10877; 2017:DHC:5783-DB
- Shanti Devi v. Delhi Transport Corporation, W.P.(C) No.4871/2010 (15.10.2012); SLP(C) No.9516/2013 dismissed (26.04.2013)
- Delhi Transport Corporation v. Ram Kishan, W.P.(C) No.2627/2015 (17.03.2015)
Statutes / Rules referred
- Central Civil Services (Pension) Rules, 1972: Rule 26 (Forfeiture of service on resignation), Rule 36(Retiring pension), Rule 48, Rule 48-A
- Payment of Gratuity Act, 1972: Section 4 (Payment of gratuity), Section 5 (Exemption)
