The Central Administrative Tribunal (CAT) in Srinagar has ruled that an employee has the right to withdraw a request for Voluntary Retirement from Service (VRS) before their superannuation date, even if the employer has already accepted the request. The CAT made this decision based on a judgment by the Supreme Court.
The case before the tribunal involved an employee of Prasar Bharti Broadcasting Corporation of India, Radio Kashmir, Srinagar. The employee had completed 20 years of qualifying service and submitted a letter for VRS on May 17, 1999, expressing her desire to retire voluntarily from April 1, 2000. She later requested the withdrawal of her notice for VRS on January 10, 2000.
However, the authorities declined her request for withdrawal and issued orders to that effect on March 21 and 22, 2000. The question before the tribunal was whether the employee was entitled to withdraw her request for voluntary retirement. The employee’s request had been accepted, but the effect of the VRS was to be accorded from April 1, 2000.
The authorities argued that the employee did not have the unilateral right to withdraw the request and that withdrawal could only be approved by the competent authority after considering the grounds for withdrawal. However, the tribunal disagreed and held that the employee had the right to withdraw the request before April 1, 2000, as the request for withdrawal was made before the last date fixed in the order.
The tribunal emphasized that the employer-employee relationship continues until the employee is relieved of duties after the acceptance of the VRS offer or resignation. Therefore, the withdrawal letter could not be refused by the authorities. The tribunal quashed the orders that treated the employee as not being in service until the actual superannuation date.
It’s important to note that the tribunal did not grant the employee’s plea for payment of salary until the superannuation date because she hadn’t worked during that period. However, the period of non-service will be considered for the calculation of pension.
The tribunal expects the respondent department to take the necessary action promptly, preferably within 10 weeks from the date the judgment is served upon them.
In summary, the CAT in Srinagar ruled that an employee has the right to withdraw a request for VRS before their superannuation date, even if the request has been accepted by the employer. The withdrawal must be made before the last date fixed in the order, and the employer cannot refuse to accept the withdrawal letter as long as the employee is still in a jural relationship with the employer.
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