ROOP KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioners argues that there is mis-joinder of causes of action and parties so far as 15 petitioners are concerned inasmuch as cases of petitioner nos. 1,2 and 15 are on a different plane as compared to other petitioners nos. 3 to 14 inasmuch as whereas petitioners nos. 3 to 14 have taken Voluntary Retirement Scheme (VRS), petitioner nos. 1,2 and 15 have normally retired from the respondent no.2/company. Accordingly, it is prayed, and which prayer is allowed, giving liberty to the petitioners nos. 1,2 and 15 to file a fresh writ petition not only on the facts as stated in this writ petition but also on any additional facts and causes of action to claim a particular pay-scale, of course in accordance with law.

(2.) That leaves us with petitioner nos. 3 to 14. These petitioners had opted for a Voluntary Retirement Scheme and they have taken benefits of Voluntary Retirement Scheme. The claim of these petitioners is that they should be allowed to take benefits not under the extant Voluntary Retirement Scheme which was applicable when they took the voluntary retirement but voluntary retirement of these petitioner nos. 3 to 14 should be in terms of a subsequent VRS Scheme dated 18.5.2016 annexed as Annexure P-5.

(3.) In law, once employees who seek voluntary retirement are granted voluntary retirement, then such employees thereafter cannot seek fresh benefits under a fresh voluntary retirement scheme. This is in view of the ratio of the Supreme Court in the case of A.K.Bindal and Another Vs. Union of India and Others (2003) 5 SCC 163 which states that on taking of VRS Scheme an employee opts for a golden handshake and thereafter there is complete cessation of the jural relationship between the employer and employee and consequently such an employee cannot be permitted to raise a grievance thereafter with respect to enhancement of pay-scale from a retrospective date or taking fresh monetary benefits, and which if allowed, would completely frustrate the purpose of VRS Scheme. The observations which have been made by the Supreme Court are contained in para 34, which reads as under:-