Supreme
Court ruled on Thursday that, an employee becomes ineligible for pension under
the Central Civil Services Pension Rules (CCS Pension Rules) when he/she
resigns because he/she surrender their past service.
The apex
court made a separation between voluntary retirement and resignation which
impacts pensionary benefits under the Rules while deciding a case relating to
resignation of an employee of BSES Yamuna Power Limited.
“The
decision to resign results in the legal consequences that flow from a
resignation under the applicable provisions. These consequences are diffrent
from the consequences flowing from voluntary retirement and the two may not be
substituted for each other based on the length of an employee’s tenure”, the
court held.
The CCS
Pension Rules apply to government servants including civilian government
servants in the Defence Services appointed before December 31, 2003.