Pension Benefits of VRS ( Voluntary Retirement Scheme & Resignation) – Supreme Court Judgement

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No. 9076 of 2019

@SLP (C) No. 6553 of 2018

BSES Yamuna Power Ltd. …Appellant

Versus

Sh. Ghanshyam Chand Sharma & Anr. …Respondents

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1. By its order dated 26 May 2017 a Division Bench of the High Court of Delhi upheld the judgement of a Single Judge dated 21 March 2017 granting pensionary benefits to the first respondent. The judgement of the Single Judge directed the appellant to pay pensionary benefits to the first respondent on the ground that he had completed twenty years of service and had „voluntarily retired‟ and not „resigned‟ from service. The appellant challenges these findings in the present appeal.

“On the issue of whether the first respondent has served twenty years, we are of the opinion that thequestion is of nolegal consequence to the present dispute. Even if the first respondent had served twenty years, under Rule 26 of the CCS Pension Rules his past service stands forfeited upon resignation. The first respondent is therefore not entitled to pensionary benefits. “