USHA SAXENA Vs. UOI

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying inter alia for directions to the respondents to pay her retirement benefits, including gratuity, 100% commutation of pensionary benefits etc. as per the Voluntary Retirement Scheme (VRS) floated by the respondents vide Circular dated 21st May, 1994, by computing such benefits on the basis of 27 years of service rendered by the petitioner, along with interest @ 24% p.a.on the amount of the illegally withheld retirement benefits.

(2.) The brief facts relevant for deciding the present writ petition are that the petitioner initially joined as Junior Field Assistant in the Trade Fair Authority of India (for short `the TFAI') under the Ministry of Commerce, on 22nd January, 1972 and continued to serve in the said organization upto 30th September, 1975. On 1st October, 1975, the petitioner joined respondent No.3 and in the very same year, respondent No.3 took a decision that any person who joined the said organization after the cut off date of 24th April, 1972, shall not be entitled to the benefit of past services. Vide letter dated 9th September, 1991, the petitioner requested the respondent No.3 to count the previous period of service rendered by her in the TFAI for retirement benefits. In its reply dated 25th September, 1991, respondent No.2 agreed to count the past service rendered by the petitioner in respondent No.3 towards her retirement benefits. However, in the said letter, a clause was inserted to the effect that the petitioner was required to exercise her option for voluntary retirement from the service of respondent No.3 simultaneously along with the deposit of the gratuity and other terminal benefits received by her from the TFAI, within 15 days from the date of demand to be raised by respondent No.3, to enable her to avail the benefit of counting her past services rendered in the TFAI.

(3.) Vide Memorandum dated 8th April, 1993 issued by respondent No.3, the petitioner was informed that she should exercise her option for voluntary retirement from the services of respondent No.3 within 15 days of the receipt of the said Memorandum, failing which, it shall be presumed that she was not interested in counting of the past service rendered by her in the TFAI for the purpose of voluntary retirement benefits in respondent No.3. In reply to the aforesaid Memorandum, the petitioner wrote a letter of protest dated 10th May, 1993 stating inter alia that the time limit imposed by respondent No.3 for voluntary retirement was contrary to the spirit of the voluntary retirement. She further repeated her request that her past services rendered with TFAI should not be linked with her seeking voluntary retirement within the stipulated time and whenever she would seek voluntary retirement, she would give requisite notice and also remit the amount as and when called upon to do so.