In Brief
BSES Yamuna Power Ltd challenged a lower court judgment that allowed an employee (first respondent) to claim voluntary retirement. The employee had submitted an application but had not completed twenty years of service at the time. The Supreme Court held that resignation and voluntary retirement are legally distinct concepts that cannot be used interchangeably. Even if the employee later completed twenty years, the application was invalid because the qualifying service period must be completed before the application is made. Under pension rules, resignation results in forfeiture of past service, depriving the employee of pension benefits. The appeal was allowed.
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