High Court dismissed three writ petitions challenging the Central Administrative Tribunal's dismissal on the issue of withdrawing voluntary retirement options after the scheme closed, holding the Tribunal's findings correct.
The writ petitions were dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
VIDYASURESHAMIN Digitally signedby VIDYASURESH AMINDate:2021.08.1211:37:25 +0530
12.WP4023_2021
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4023 OF 2021
Bharat Bhagwan Dhage … Petitioner vs. The Chairman and Managing Director, Bharat Sanchar Nigam Ltd. & Ors. … Respondents
WITH
WRIT PETITION NO. 1694 OF 2021
Patilrao Bhimrao Kolhe … Petitioner vs. The Chairman and Managing Director, Bharat Sanchar Nigam Ltd. & Ors. … Respondents
WITH
WRIT PETITION (St.) NO. 97266 OF 2020 (Not on board, taken on board)
Ashok Chander Shetye … Petitioner vs. The Chairman and Managing Director, Bharat Sanchar Nigam Ltd. & Ors. … Respondents
Mr. Shashank Chandrakant Mangle for the petitioners.
C0RAM : DIPANKAR DATTA, CJ &
G. S. KULKARNI, J.
DATE : AUGUST 11, 2021
PC :
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12.WP4023_2021
“ 4 . Operation of the Scheme
The effective date of Voluntary Retirement under this scheme shall be 31.01.2020. The Scheme Shall come into force from the date of issue of notification inviting option for voluntary retirement under the scheme and shall remain in operation as per the dates mentioned below:
7. Procedure
(I) Eligible employee(s) shall be required to submit option to voluntarily retire from service under the scheme during the period prescribed and as per the provisions of the scheme.
(ii) The VRS option of employee(s) facing Departmental/ Judicial proceedings shall be accepted and Earned Leave encashment, Transfer grant, GPG/CPF and pension will be released provisionally as per Rule 69 of CCS Pensino Rules 1972.
Provided that the payment of Ex-gratia and Gratuity, shall be released only on the conclusion of and based on the outcome of vigilance/disciplinary proceedings.
(iii) The option once exercised under this Scheme shall be final and decision of the competent authority shall be binding on the concerned employee(s).
Provided that the employee(s) will be allowed to withdraw the option only once at any time till the closing time and date of option.
Provided further that the request for withdrawal of option shall be submitted online along with signed copy in writing.
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12.WP4023_2021
(iv) The authority for acceptance of option under this scheme shall be the competent authority as defined in clause 3(c).”
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reported in (2016) 9 SCC 375 , and the decision of the Principal Bench of the Tribunal in Sunder Pal & Anr. vs. Bharat Sanchar Nigam Ltd. (BSNL) and Ors. , the Tribunal was of the view that the point urged by the petitioners was no longer res integra , and accordingly it dismissed the original applications.
(G. S. KULKARNI, J.) (CHIEF JUSTICE)
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3 issues framed by the court
Whether an employee can withdraw a voluntary retirement option after the scheme's closing date has passed.
Whether the dismissal of Tribunal proceedings against BSNL's application of the VRS scheme rules is meritorious.
Whether the Tribunal erred in dismissing the petitions as not res integra based on Supreme Court precedents.
Colour shows how this judgement treated each authority
State Bank of Patiala vs. Romesh Chander KanojiReferred¶38
(2004) 2 SCC 651 · Who else cites this
Madhya Pradesh State Road Transport Corporation vs. Manoj Kumar & Anr.Referred¶38
(2016) 9 SCC 375 · Who else cites this
Sunder Pal & Anr. vs. Bharat Sanchar Nigam Ltd. (BSNL) and Ors.Referred¶39
Sunder Pal & Anr. vs. Bharat Sanchar Nigam Ltd. (BSNL) and Ors.
Vidya Amin
Bharat Bhagwan Dhage
Patilrao Bhimrao Kolhe
Ashok Chander Shetye
The Chairman and Managing Director, Bharat Sanchar Nigam Ltd.
Dipankar Datta
G. S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
