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.