M VENKATESAN Vs. CHAIRMAN EXPORT INSPECTION COUNCIL

JUDGEMENT

(1.) SINCE all these Writ Petitions involve an identical issue, they are being disposed of in common.

(2.) FOR convenience, let us take W. P. 16155 of 1997. Petitioner joined the service in Export Inspection Agency (Bombay), Ministry of Commerce, Government of India, as a Technical Officer with effect from 08. 03. 1973. In the year 1978, he was promoted to the next higher post of Assistant Director. After completing 21 years and 4 months of service, he opted for voluntary retirement under the Voluntary Retirement Scheme of the Government, dated 21. 05. 1994, and the same was accepted by the Government with effect from 19. 07. 1994. However, not content with the retirement benefits, he has filed this Writ Petition, praying for a direction to the respondents to take into account the five years' weightage for the purpose of calculating the amounts payable towards gratuity, 100% commutation of pension, dearness allowance and other retirement benefits.

(3.) THE respondents have a filed a counter, stating that the petitioner had opted for voluntary retirement on 08. 07. 1994 pursuant to a Special Voluntary Retirement Scheme (SVRS), which was a one time package and contained more lucrative and attractive financial benefits as compared to those admissible in the case of normal voluntary retirement sought under the rules applicable to the employees of the respondent Council; the five years' weightage, as claimed by the petitioner, was not part of the package of Special Voluntary Retirement Scheme under which the petitioner opted for retirement and relieved from service with effect from 19. 07. 1994; the payment of revised commutation of pension on account of the subsequent decision of the Government was paid to the petitioner for which he had issued a receipt on 14. 10. 1997; the petitioner did not seek voluntary retirement under the CCS (Pension) Rules as applicable to the employees of the Council/agency, but opted for voluntary retirement under a scheme, which was a special one time package offered to the employees of the Council, for a specific period as a golden handshake, which contained more attractive and lucrative terms of payments; the petitioner, having opted for the special package, cannot appropriate and reprobate and is estopped from going back from the scheme under which he had exercised his option and received the retirement benefits as stipulated thereunder.