Valmiki J. Mehta JUDGMENT
Valmiki J. Mehta, J.
W.P.(C) No. 2506/2017
1. By this writ petition under Article 226 of the Constitution of India, the petitioner prays for the relief of being granted the second Time Bound Promotion Scale (TBPS). The second TBPS as per the petitioner is the pay-scale of an Executive Engineer/Manager (Technical).
2. The writ petition is hopelessly misconceived and is an abuse of process of law. The reasons why the writ petition has to be dismissed are stated hereinafter.
3. Petitioner took voluntary retirement under the VRS Scheme of the respondent/employer way back on 29.2.2004. Once an employee takes voluntary retirement under a VRS Scheme, such an employee thereafter cannot claim benefits with respect to past services with his employer inasmuch as by taking VRS benefits and receiving a golden handshake lump sum amount, an employee thereafter leaves with all his rights as per the VRS scheme. This is stated by the Supreme Court in para 34 of the judgment of the Supreme Court in the case of A.K. Bindal and Another Vs. Union of India and Others MANU/SC/0349/2003 : (2003) 5 SCC 163, and which para 34 reads as under:-
"34. This shows that a considerable amount is to be paid to an employee ex- gratia besides the terminal benefits in case he opts for voluntary retirement under the Scheme and his option is accepted. The amount is paid not for doing any work or rendering any service. It is paid in lieu of the employee himself leaving the services of the company or the industrial establishment and foregoing all his claims or rights in the same. It is a package deal of give and take. That is why in business world it is known as 'Golden Handshake'. The main purpose of paying this amount is to bring about a compete cessation of the jural relationship between the employer and the employee. After the amount is paid and the employee ceases to be under the employment of the company or the undertaking, he leaves with all his rights and there is no question of his again agitating for any kind of his past rights, with his erstwhile employer including making any claim with regard to enhancement of pay scale for an earlier period. If the employee is still permitted to raise a grievance regarding enhancement of pay scale from a retrospective date, even after he has opted for Voluntary Retirement Scheme and has accepted the amount paid to him, the whole purpose of introducing the Scheme would be totally frustrated."
(underlining added)
4. It is therefore clear that petitioner who has received VRS benefits under the VRS scheme is estopped from filing the present petition, more so and as stated below, by claiming a right which accrued even as per the petitioner assumedly pursuant to the TBPS dated 23.7.1997 i.e 20 years back resulting in the claim being barred by limitation/delay and laches as stated hereinafter. The first reason therefore for dismissing of the writ petition is the ratio of the judgment of the Supreme Court in the case of A.K. Bindal (supra) and this writ petition is accordingly dismissed for this first reason.
5. The second reason for dismissal of the writ petition is that a scheme of TBPS or also known as Assured Career Progression (ACP) Scheme in some organizations or Modified Assured Career Progression (MACP) Scheme in certain other organizations is only to prevent stagnation of an employee in services because promotion posts are limited. Since promotion posts are limited, schemes have been taken out by different employers to grant the higher pay-scales of the promotion posts without actually granting promotion to the promotion posts. Of course, benefit of two TBPS is subject to an employee fulfilling the e........