In Brief
Delhi Transport Corporation's ex-employees sought pension benefits after availing of Voluntary Retirement Scheme, but were denied pension because periods of unauthorised absence (without leave salary) were excluded from their qualifying service. The Supreme Court upheld the exclusion. Rule 21 of the Central Civil Services (Pension) Rules, 1972, clearly provides that only leave for which salary is payable counts towards qualifying service. The Court held that statutory Rules must be applied literally and cannot be superseded by Government decisions or service record procedures. Employees must satisfy the express pension eligibility criteria to claim benefits, regardless of VRS eligibility."
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