NE NEWS SERVICE
NEW DELHI, DECEMBER 7
The Supreme Court has said that government employees will not be entitled to pension if they resign from service as it forfeits their past service.
Referring to the Central Civil Services Pension Rules, a bench of Justices D Y Chandrachud and Hrishikesh Roy said that in case of resignation, the entire past service would be forfeited, and consequently, an employee would not qualify for pensionary benefits. The pension rules apply to government servants, including civilian government servants in the defence services, appointed before December 31, 2003.
The court passed the order on an appeal filed by BSES Yamuna Power Ltd challenging an order of the Delhi HC directing it to provide pension to an employee who resigned after 20 years of service. The HC had said the employee was entitled to get voluntary retirement after completing 20 years of service and he was, therefore, entitled to pensionary benefits after resigning from the job.
The SC, however, said: “The decision to resign results in the legal consequences that flow from a resignation under the applicable provisions. These consequences are distinct from the consequences flowing from voluntary retirement,” the bench said.
