Supreme Court - Daily Orders
Union Of India vs A.M. Sirish on 8 March, 2019
Bench: L. Nageswara Rao, M.R. Shah
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 2607 of 2019
(Arising out of Special Leave Petition (C)No.5488/2019)
UNION OF INDIA & ORS. …………. Appellant(s)
VERSUS
A.M. SIRISH …………. Respondent(s)
O R D E R
Leave granted.
The respondent, while working as Assistant Superintendent in Passport Office, Hyderabad gave notice for voluntary retirement from service from 1.4.2015. The request made by the respondent was accepted on 17.2.2015 subject to the condition that the respondent should have completed 20 years of qualifying service and that there were no government dues pending.
On 13.4.2016, the respondent was informed that he was not eligible for VRS as he did not complete the qualifying service of 20 years. He made a request for Signature Not Verified Digitally signed by BALA PARVATHI Date: 2019.03.13 reinstatement in the government service which was not 11:09:06 IST Reason: acceded to by the appellants vide order dated 2.5.2018. The respondent approached the Tribunal aggrieved by the 2 action of the appellants in not reinstating him. Vide judgment dated 14.8.2014, the Central Administrative Tribunal, Hyderabad Bench directed the appellants to reinstate the respondent into service to enable him to complete the qualifying period of 20 years for availing pension. The respondent was further directed to return all the benefits that he received since 31.3.2015.
The appellants challenged the judgment of the Tribunal before the High Court by filing a writ petition which was dismissed by a judgment dated 15.11.2018, aggrieved by which this appeal is filed.
Mrs. Madhvi Divan, learned Additional Solicitor General submitted that the respondent was not eligible to avail VRS. The respondent made an application for VRS knowing fully well that he has not completed 20 years of service and he does not fulfill the requisite criteria for VRS. She relied upon a judgment of this Court in 1 Delhi Transport Corporation Vs. Lillu Ram to submit that mere acceptance of an application for voluntary retirement shall not automatically confer a right to receive the pensionary benefits.
We are in agreement with the proposition laid down in the above judgment of this Court. However, in the facts and circumstances of the case, we approve the judgment of the Central Administrative Tribunal by which the respondent was directed to join the service to 1 (2017) 11 SCC 407 3 complete the period of one year and three months to make him eligible for availing the benefits of VRS.
The appellants are directed to reinstate the respondent to enable him to complete one year and three months which will make him eligible for VRS. He shall be entitled for pensionary benefits. This order shall not be treated as a precedent.
The appeal is accordingly disposed of. Pending application(s), if any, stand disposed of.
....................J (L. NAGESWARA RAO) ....................J (M.R. SHAH) NEW DELHI;
8th MARCH, 2019
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ITEM NO.18 COURT NO.13 SECTION XII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).5488/2019
(Arising out of impugned final judgment and order dated 15-11-2018 in WP No. 39130/2018 passed by the High Court Of Judicature At Hyderabad For The State Of Telangana And The State Of Andhra Pradesh) UNION OF INDIA & ORS. Petitioner(s) VERSUS A.M. SIRISH Respondent(s) Date : 08-03-2019 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Ms. Madhvi Divan,ASG Ms. Bina Madhavan,Adv.
Mr. Shamik Sanjanwala,Adv. Mr. B. V. Balaram Das, AOR For Respondent(s) Mr. Jitendra Mohan Sharma,Sr.Adv.
Mr. Parnam Prabhakar,Adv. Mr. Venkateswara Rao Anumolu, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(B.Parvathi) (Kailash Chander)
Court Master Assistant Registrar
(Signed order is placed on the file)