MAHESH KUMAR SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, petitioner seeks the relief that direction should be issued to the respondent no.2/Airport Authority of India/employer to accept petitioners request for withdrawal from the VRS application and to reinstate the petitioner to his previous post. There is also the claim towards back wages and interest at 12% per annum simple in amounts which are payable to the petitioner on respondent no.2 illegally refusing to allow the petitioner to join back his duties.

(2.) IT is not disputed that respondent no.2 introduced a Voluntary Retirement Scheme (VRS) for employees. Originally the last/cut off date for giving of application for VRS scheme was 15.4.2009 as per para 4.4 of the scheme. This date was subsequently extended to 31.7.2009 as per the letter dated 5.5.2009 of the respondent no.2. This letter reads as under:

(3.) IT has now been consistently held by the Supreme Court in its various judgments that an application for voluntary retirement can always be withdrawn prior to the cut off date and it can be withdrawn even if the employer prior to the cut off date accepts the application for VRS. This aspect was considered by me in the judgment in the case of R.Kothandaraman Vs. The Speaker, Lok Sabha Secretariat & Anr. in W.P.(C) 7132/2009 decided on 10.1.2013. Paras 4 and 5 of the said judgment read as under: