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Inderpal Singh vs National Textile Corporation Limited [DELHI HIGH COURT, 24 Feb 2010]
Service - Retiral benefits - Petitioner took VRS and was relieved from service w.e.f. 30-04-2008 - After the petitioner took VRS, respondent came out with an office order dt. 11-07-2007 for merger of 50% of Dearness Allowance with basic pay w.e.f. 01-01-2007 to the employees on its roll as on 01-03-2008 - On the basis of said office order petitioner filed writ petition for directions to the respondent to revise his retiral benefits - Respondent prayed for dismissal of writ petition submitting that said policy decision of the respondent contained in its order would not apply to those employees who had taken VRS prior to issuance of the said office order - Whether writ petition could be dismissed? - Held, office order dt. 11-07-2007 was addressed by the respondent to its existing employees and not to those who have already superannuated from its service - Petitioner had taken a hefty amount of Rs.6,73,806/- as ex-gratia payment which otherwise was not admissible to him had he not taken the VRS - After receipt of the terminal benefits including ex-gratia payment by the petitioner at the time of his VRS, he ceased to be under the employment of the respondent company and there is no question of his agitating again for any kind of past rights against the respondent - No merit in petitioner’s claim - Writ petition dismissed.
09 March, 2010 by admin