Roop Kumar Sharma & Ors vs Union Of India & Ors on 30 January, 2017

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 & 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,

WP(C) 10569/2016 Page 2 of 4
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:-

Source: Indian Kanoon

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