Court No. - 5 Case :- WRIT - A No. - 1910 of 2015 Petitioner :- Smt. Vandana Gupta Respondent :- State Of U.P.Thru Prin.Secy.Basic Edu.Govt.Of U.P. Lko.Andors. Counsel for Petitioner :- S.K. Verma Counsel for Respondent :- C.S.C.,Mukund Madhava Asthana,Net Ram,Sandeep Kumar Yadav Hon'ble Abdul Moin,J. Heard. Admittedly, the petitioner has resigned from service vide letter dated 29.09.2006, a copy of which is annexure SCA 3 to the supplementary counter affidavit. Erroneously while issuing the order dated 06.12.2014, a copy of which is annexure 1 to the writ petition , the respondents have indicated that the petitioner would not be entitled for any benefit of pension as he had voluntary retired/resigned. Taking benefit of word 'voluntary retired' as used in the order dated 06.12.2014, the instant writ petition has been filed. Admittedly, the petitioner would not fall within the ambit of the Rules so as to seek voluntary retirement, his age being 42 years at the time of submission of his resignation. Further, once the intention of the petitioner was to resign from service as emerges from a perusal of the resignation letter dated 29.09.2006 consequently, even if the word 'voluntary retirement' has been used in the order impugned, the same would not turn the resignation into voluntary retirement more particularly when the petitioner was not even entitled to seek voluntary retirement at that stretch of time. Considering the aforesaid, no error is found in the order dated 06.12.2024 whereby the respondents have rejected the claim of the petitioner for payment of pension and other pensionary benefits. However, despite his resignation, in case any other dues is still to be paid to the petitioner then the respondents may consider the payment of the same in accordance with law. The writ petition is accordingly disposed of. Order Date :- 10.2.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench