VRS is a package by itself and employees cannot claim any benefits beyond: Supreme Court of India Judgement
PRESS RELEASE FOR IMMEDIATE DISSEMINATION
Seeking benefits over and above the Voluntary Retirement Scheme a misadventure- Supreme Court of India
New
Delhi : Dated 25″ September, 2019 : In a very significant judgement
pronounced in IFCI Ltd. Vs Sanjay Behari & Others case
(C.A.No.6995/2019) on September 17, 2019, Hon’ble Supreme Court of India
held that any Voluntary Retirement Scheme (VRS) is a package by itself
and the employees retired under the scheme cannot claim any benefits
beyond what has been envisaged in the VRS. The Hon’ble Supreme Court was
dealing with an appeal filed by IFCI Ltd, A Govt. of India Undertaking
against a Judgement of Hon’ble High Court of Delhi Bench.
Some
of the ex- employees of IFCI, who had opted for retirement under
Voluntary Retirement Scheme floated by IFCI Ltd. in the year 2008, had
claimed revision of their pension by referring the pay scale revision
implemented by IFCI. Hon’ble Supreme Court rejected the claim
principally on the ground that VRS is a package by itself and any
subsequent ciaim cannot be entertained.
Earlier
VRS-2008 optees had filed a petition in the Hon’ble High Court of Delhi
in the year 2016 claiming for revision of Pension. The learned single
judge had dismissed the Petition in February, 2017. VRS-2008 optees then
filed Letters Patent Appeal (LPA) in the Hon’ble High Court which was
allowed by the Hon’ble High Court bench vide its judgement dated
17/01/2019. Aggrieved by the Order of Hon’ble High Court, IFCI filed
Civil Appeal in Hon‘ble Supreme Court of India
The
judgement could prove to be a landmark as it has discussed various
aspects earlier court judgements, VRS schemes and internal policy
documents of IFCI for arriving at conclusion. The judgement has clearly
set out legal position pertaining to Voluntary Retirement Schemes.
Sd/-
(Samik Dasgupta)
General Manager (CCD)
(Samik Dasgupta)
General Manager (CCD)
