BSES YAMUNA POWER Vs. GHANSHYAM CHAND SHARMA

JUDGEMENT

(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.

(2.) The first respondent was appointed as a daily rated mazdoor on 9 July 1968. His services were regularised on the post of a Peon on 22 December 1971. The first respondent tendered his resignation on 7 July 1990, which was accepted by the appellant with effect from 10 July 1990. The first respondent was subsequently denied pensionary benefits by the appellant on two grounds. First, that he had not completed twenty years of service, making him ineligible for the grant of pension. Second, in any case, by resigning, the first respondent had forfeited his past services and therefore could not claim pensionary benefits.

(3.) The second question of whether by resigning, the first respondent forfeited his past service must be addressed at the outset. If the first respondent's resignation resulted in a forfeiture of past service, the question of whether he has completed twenty years of service is rendered irrelevant for such service would stand forfeited. In holding the that the legal effect of the first respondent's letter of resignation would amount to "voluntary resignation", the Single Judge of the High Court of Delhi relied on the judgement of this Court in Asger Ibrahim Amin v LIC, 2016 13 SCC 797.