Abhay Kumar Verma v. Managing Director, Bharat Wagon & Engineering Company Ltd. Patna
2004-01-16
R.S.GARG
body2004
DigiLaw.ai
Judgment 1. Heard learned counsel for the parties. 2. The petitioner, an employee of Bharat Wagon & Engineering Company Ltd. (a Govt. of India Undertaking), in accordance with the Voluntary Retirement Scheme Policy (VRS Policy) floated by the Respondent-Company submitted his application with all necessary testimonials on 14.3.2003. Instead of passing immediate orders on the application the same was kept under consideration and was thereafter allowed in favour of the petitioner with the direction that the petitioner would stand retired with effect from 31.5.2003. Unfortunately even after the said retirement certain claims of the petitioner have not been settled and in relation to certain claims disputes have been raised, the petitioner now has come to this Court. 3. The claims of the present petitioner are under the heads-Medical reimbursement, L.T.C. encashment, Travelling allowance, refund of provident fund, amount under the Group Insurance, three months notice salary, salary for the months of April & May, 2003 and refund of an amount of Rs. 31,295/- which was deducted by the respondents under T.D.S. 4. The respondents after notice have submitted before this Court that except raising their disputes relating to 3 months notice pay and refund of Rs. 31,295/- they are agreeable to make payment of other claims. Under these circumstances, the petitioners claims for medical reimbursement, LTC encashment, travelling allowance, refund of provident fund, Group Insurance and salary for April & May, 2003 are allowed. The respondents shall look into the case and cause of the petitioner and see that the amounts which are to be paid by the respondent-Company be paid to the petitioner within three months from today. It is further directed that each amount shall carry 5% interest with effect from 30th June, 2003 till the date of the payment. 5. So far as the amount of TDS is concerned, learned counsel for the respondent has submitted that the amount which was deducted in the year 2003 has already been deposited with the Department but the contention is seriously challenged by the petitioner. 6. Let the petitioner make a representation to the respondents who after receiving the same shall verify at their end that whether the amount deducted towards TDS has been transferred to the Department or not. In case the amount has already been transferred to the Department then the petitioner may raise his claim for refund before the Income Tax Department. 7.
Let the petitioner make a representation to the respondents who after receiving the same shall verify at their end that whether the amount deducted towards TDS has been transferred to the Department or not. In case the amount has already been transferred to the Department then the petitioner may raise his claim for refund before the Income Tax Department. 7. So far as the three months notice pay is concerned, it is to be seen that the scheme provides that three months notice pay (in case of present petitioner) which shall include basic pay and D.A. only shall be paid to the petitioner, who offers for voluntary retirement. Undisputedly the petitioner would be entitled to three months salary for 15.3.2003 i.e. the next date when he had made his application for voluntary retirement. For a period of 2 & 1/2 month he did work with the Department and received the salary therefore he would not be entitled to the notice period salary for full three months but would be entitled to 15 days salary with D.A. 8. Learned counsel for the petitioner submits that the petitioner was entitled to certain promotions in the year 1995 and as the same have not been given to him and if the same now are given to him the retirement benefits including the compensation amount etc. would undergo a drastic change, therefore this Court should consider that aspect of the matter also. In the opinion of this Court this question was required to be raised by the petitioner before submitting his application for voluntary retirement. Once he submits his application seeking voluntary retirement then all promotional rights would stand forfeited. Even according to the judgment of the Supreme Court in the matter of A. K. Bindal vs. Union of India & Ors. (AIR 2003 SC 2281) the Apex Court has observed that after submission and acceptance of the application seeking voluntary retirement such employee/incumbent would be entitled to the retirement benefits flowing from the scheme and after the said Golden Handshake he would not be entitled to raise the disputes which he could raise while he was in the services. 9. Under these circumstances petitioners claim for promotion does not survive for consideration. The petition is accordingly disposed of.