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by Admin
07 May 2024 2:49 AM
In a significant judgment, the High Court of Delhi, comprising Hon'ble Mr. Justice Suresh Kumar Kait and Hon'ble Ms. Justice Shalinder Kaur, upheld the Central Administrative Tribunal's decision in the case concerning the BSNL Voluntary Retirement Scheme 2019. The case revolved around the petitioner, Rajesh Kumar, who inadvertently withdrew from the BSNL VRS due to a technical glitch and sought redressal for the same.
In the detailed judgment, the High Court meticulously analyzed the procedural aspects and the contractual nature of the Voluntary Retirement Scheme. The Court stated, "The entire case set up by the petitioner is that the petitioner had vide his application dated November 19, 2019 (through online submission and then submitting three physical copies) had opted for Voluntary Retirement under the Scheme." This highlighted the crux of the petitioner’s argument concerning the accidental withdrawal from the scheme.
The Court further elaborated on the contractual obligations under the VRS, applying principles from the Indian Contract Act, 1872. “In our judgment rendered on 03.01.2024 in the matter of Rakesh Kumar Chopra v. BSNL & Others, we have already held that the present VRS-2019 is contractual in nature and not statutory in character and provisions of the Contract Act, 1872 would apply,” the Bench clarified.
The High Court also underscored the importance of procedural compliance in such schemes. It emphasized that, “the issue before us is whether the option of VRS as opted by the petitioner was in compliance with the procedure and whether the respondent failed to treat the representation by petitioner as per the scheme.”
The judgment meticulously dissected the facts and legal provisions, ultimately concurring with the Tribunal's decision. The Court dismissed the writ petition, stating, "Accordingly, we do not find any infirmity in the findings rendered by the learned Tribunal. Consequently, the petition is hereby dismissed."
Date of Decision: January 03, 2024
RAJESH KUMAR VS UNION OF INDIA & ORS.
