A Scientist's Long Absence Ended In Deemed Resignation, And No Pension
A government research scientist spent most of the 1980s away from his post. Treated as having resigned, he never drew a pension, and the High Court has now turned down his heirs' claim.
The Court held that the scientist was absent for prolonged periods without explanation, despite several opportunities to explain and improve, with no restraint on his working. The deemed-resignation rule under the CCS (Leave) Rules applied to his employer through its bye-laws. Such a person cannot claim pension as a matter of right without performing his duties. The petition was dismissed.
- Wilful absence was on the face of the record. Compelling circumstances could not be read in.
- Hearing was not denied — the right to be heard had been given many times over.
- The resignation order stood unchallenged for years before the pension claim was made.
- Pension follows service. It is not a right detached from the duties it rewards.
- Court
- High Court at Calcutta
- Bench
- Justice HON'BLE JUSTICE SABYASACHI BHATTACHARYYA, Justice HON'BLE JUSTICE SANDIP KUMAR DE
- Citation
- WPCT No. 258 of 2025
- Case
- WPCT No. 258 of 2025
- Decided
- 10 September 2026
- Outcome
- Writ petition dismissed; tribunal's order upheld
A career mostly away
The scientist joined the Indian Council of Agricultural Research in 1976. He took study leave from 1981 to 1983; a further extension was refused, as was extraordinary leave for 1985, and he was told to rejoin in February 1985.
He was censured for unauthorised absence in the first half of 1986, and was absent without sanctioned leave again from November 1987 to November 1990; that period was treated as dies non after disciplinary proceedings.
In 2003 the Council treated him as having resigned with effect from December 1991, and confirmed it later that year. A reasoned order of 2018 rejected the claim to pension. His heirs challenged both before the Central Administrative Tribunal, which dismissed their application.
Why the heirs lost
The deemed-resignation provision in Rule 12(2) of the CCS (Leave) Rules was rightly attracted; the Council's bye-laws apply the Central Government's service rules to its staff.
The Court accepted the principle in D.K. Yadav on the right to be heard, but found he had been given such opportunities several times. The element of wilful absence was apparent on the record, and compelling circumstances could not be brought in to answer a failure of devotion to duty.
He was absent for prolonged periods without explanation, despite many opportunities, and pursued litigation rather than work, though nothing restrained him from working. Such a person cannot claim pensionary benefit as a matter of right without performing his duties.
The result
The writ petition was dismissed and the Tribunal's order upheld, with no costs.
The Court noted that a later letter confirming the deemed resignation had itself never been challenged.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a government employee lose pension through long absence?
Yes. Where absence is prolonged and wilful and leads to deemed resignation, the Court held pension cannot be claimed as of right.
Can heirs revive the claim after the employee's death?
Here they tried, and failed, because the underlying absence and resignation stood.
If you face a deemed-resignation order
- Answer every notice to rejoin in writing, with reasons and documents.
- Challenge a deemed-resignation order promptly, not years later with a pension claim.
- Record any restraint that actually prevented you from working.
- Keep leave applications and refusals; they decide whether absence was wilful.
Source. High Court at Calcutta, WPCT No. 258 of 2025, decided 10 September 2026 by Justice HON'BLE JUSTICE SABYASACHI BHATTACHARYYA, Justice HON'BLE JUSTICE SANDIP KUMAR DE. This explainer is written from the judgment text as reported.
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