In Brief
The Supreme Court held that periods of unauthorised absence without leave salary cannot be counted as qualifying service for pension. Under Rule 21 of the Central Civil Services (Pension) Rules, 1972, only leave periods for which salary was paid count towards pension qualification. The Court rejected arguments that administrative instructions and Government decisions could supersede the clear statutory language. Although respondents had completed 10 years of service under the VRS, they failed to qualify for pension because excluded periods involved no salary payment. The Court allowed the appeal while protecting respondents from refund of any interim payments already received.
The lawyer headnote and full judgment text are available to registered users.