K.P. AGARWAL Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) NO one appears for the petitioner although it is 3.00 P.M. No one even appeared earlier on behalf of petitioner on 5.4.2012. I have therefore perused the record and am proceeding to decide the matter.

(2.) PETITIONERS were employees of the respondent/Cement Corporation of India who took voluntary retirement on 30.4.1992 (petitioner no.1), 3.8.1993 (petitioner no.2) and 29.5.1992 (petitioner no.3). Petitioners claimed that subsequently pay scales and DA had been revised w.e.f 1.1.1992, however, as per that O.M. dated 17.4.1996 cases of ex gratia against VRS settled during period from 1.1.1992 to the date of implementation on 17.4.1996 was not to be reopened hence petitioners are denied the benefits of higher ex gratia amounts.

(3.) THE Supreme Court in the case of A.K.Bindal Vs. Union of India (2003) 5 SCC 163 has held that once a person takes VRS, the relationship of employer and employee snaps and such employee cannot claim any monetary benefits on account of his past services with the employer. Supreme Court has held that VRS is a golden handshake and on receiving of ex gratia payment an employee ceases to be an employee and can claim no other benefits of past services rendered with the employer. Para 34 of the judgment in the case of A.K. Bindal (supra) is relevant and the same reads as under: