VidhiSangh

Supreme Court of India · 05/12/2019

BSES YAMUNA POWER LTD. versus SH. GHANSHYAM CHAND SHARMA & ANR.

[2019] 14 S.C.R. 546 · 2019 INSC 1324

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Summary

The Court denied pension to an employee who had resigned after his application for voluntary retirement was refused. Resignation and voluntary retirement had distinct legal consequences, and completion of the qualifying service could not convert one into the other. Applying Rule 26 of the CCS Pension Rules, his past service stood forfeited. The earlier refusal of voluntary retirement had not been challenged before resignation, and the length-of-service dispute was therefore immaterial.

Issues

  1. Whether resignation could be reclassified as voluntary retirement because the employee claimed twenty years of service.
  2. Whether the earlier unchallenged refusal of voluntary retirement preserved entitlement to pension after resignation.

Provisions considered

Held

Result

Appeal allowed. Delhi High Court’s impugned order dated 26 May 2017 set aside. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 546.