SANDESH VERMA Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) COUNTER affidavit in this case has been filed way back in August, 2013. There is no reason to grant adjournment to file rejoinder affidavit as the facts of the present case show that the petition is clearly barred by the principle of estoppel as also the direct ratio of the judgment of the Supreme Court in the case of A.K.Bindal Vs. Union of India (2003) 5 SCC 163.

(2.) PETITIONER was an employee of respondent No.2. Petitioner took voluntary retirement under a 2009 SVRS Scheme. Petitioner received amounts pursuant to acceptance of his VRS application. Petitioner has utilized all the amounts which were received by him on his VRS application being accepted which will include the ex gratia payment. Petitioner stood voluntarily retired w.e.f 31.12.2009.

(3.) THE Supreme Court in the case of A.K. Bindal (supra) has held that taking of a voluntary retirement is a golden handshake. The effect of this golden handshake is to sever the relationship of employer and employee. After the relationship is severed, no employee can claim any alleged past dues from his employer. Para 34 of the judgment in the case of A.K. Bindal (supra) which holds accordingly reads as under: -