In Brief
Delhi Transport Corporation (DTC) employees who availed of the Voluntary Retirement Scheme had periods of unauthorised absence (for which they received no salary) excluded from their qualifying service for pension. The Supreme Court held that Rule 21 of the Central Civil Services (Pension) Rules, 1972 unambiguously requires that only leave periods with paid salary count toward pension eligibility. Though administrative guidance requires contemporaneous service record entries, their absence does not override the Rule's plain language. Employees must meet the statutory qualifying service requirements. The Court allowed DTC's appeal, setting aside the High Court order granting pension, but held that interim payments already made need not be refunded.
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