ups_00097 — Applicants in the above-mentioned OAs opted for Voluntary Retirement Scheme. But wanted to withdraw their option within the stipulated time-limit which request was not permitted after due date mentioned in the scheme. Tribunal made no final pronouncement in this behalf. But only said that, in case, BSNL, needs any workforce of that nature, it would be in their interest, to avail the services of its own former employees

UPS

Applicants in the above-mentioned OAs opted for Voluntary Retirement Scheme. But wanted to withdraw their option within the stipulated time-limit which request was not permitted after due date mentioned in the scheme. Tribunal made no final pronouncement in this behalf. But only said that, in case, BSNL, needs any workforce of that nature, it would be in their interest, to avail the services of its own former employees — This chunk provides details about the timeframe for exercising or withdrawing options for voluntary retirement scheme introduced by BSNL, as well as the rules regarding the binding nature of the opti... — Facts: Applicants in the OAs mentioned above are officers / employees of Bharat Sanchar Nigam Limited (BSNL). On 4-11-2019, the Corporate Office of BSNL addressed letters to Telecom Circles, stating that in pursuance of a decision taken by the Union Cabinet, conveyed by the Department of Telecommunication, through letter, dated 29-10-2019, the "BSNL Voluntary Retirement Scheme, 2019" (Scheme for short) is being introduced and that options can be invited from employees who are eligible under the Scheme. The Scheme will remain open from 4-11-2019 up to 3-12-2019 (5:30 p.m.) and that effective date of VRS under the Scheme shall be 31-1-2020. Applicants herein exercised their option within the stipulated time. But as an afterthought they wanted to withdraw their option and to remain in BSNL. Their request was not acceded on the ground that, the option once exercised cannot be withdrawn after the date mentioned in the Scheme. In these OAs, Applicants seek a direction to Respondents, to not enforce the options of VRS exercised by them and to further direct them to continue them in service till they attain the age of superannuation. Applicants submit that they must have liberty to withdraw the request of VRS, anytime before the effective date of retirement and that there is absolutely no justification on the part of the Respondents in not considering the request of withdrawal of the options. Respondents filed their reply justifying their stand. According to Respondents, the Scheme was evolved with a view to spruce the workforce and to lessen the loss of BSNL and that it is a time bound one. Further the scheme details are narrated. Tribunal after hearing both sides observed that there exists provisions for voluntary retirement under the relevant service rules and the scheme of BSNL is one of them designed to reduce workforce and thereby, financial commitment. Salient features of options required to be invited was addressed on 4-11-2019. Salient features of the scheme is narrated. To facilitate the process, it was requested to take steps for effective implementation of VRS which is narrated from 5
(a) to (h). Clause 3 of the scheme deals with definition and Clauses (4) to (8) are relevant for the purpose of this batch of OAs. Clause (4) deals with "Operation of the Scheme and Clause (8) from
(i) to
(ix) deals with general conditions. In case of any ambiguity of this scheme, the decision of CMD is final and binding. In Annexure-II of the scheme, step-by-step guide 1 to 6 is reproduced. A combined reading of the provisions as stated above "would indicate that the scheme is operative between 4-11-2019 and 3-12-2019. In other words, the exercising option or withdrawal thereof is required to take place within that time. If VRS is accepted, the effective date would be 31-10-2020". Clause 7
(iii) indicates that the employees shall be entitled to withdrew their option for voluntary retirement (VRS) is accepted, and the effective date would be 31-10-2020. Clause 7
(iii) states that the employee option once exercised shall be binding and the employee is permitted to withdrew only once at any time, till the closing time and date of option, i.e. 3-12-2019 up to 5.30 p.m. If an employee is not decisive to take VRS but has an inclination to do so, he can indicate "decide later" and that may give a scope for keeping his option for taking VRS live, beyond 3-12-2019. But it is difficult to hold that such a clause was inserted to enable the employee to withdraw option, beyond 3-12-2019. As a matter of fact, in the service jurisprudence itself, the applications made for VRS under statutory provision or letters of resignation, are permitted to be withdrawn, till they are accepted by the Competent Authority.

UPS

Applicants in the above-mentioned OAs opted for Voluntary Retirement Scheme. But wanted to withdraw their option within the stipulated time-limit which request was not permitted after due date mentioned in the scheme. Tribunal made no final pronouncement in this behalf. But only said that, in case, BSNL, needs any workforce of that nature, it would be in their interest, to avail the services of its own former employees — This chunk provides details about the timeframe for exercising or withdrawing options for voluntary retirement scheme introduced by BSNL, as well as the rules regarding the binding nature of the opti... — Facts: Applicants in the OAs mentioned above are officers / employees of Bharat Sanchar Nigam Limited (BSNL). On 4-11-2019, the Corporate Office of BSNL addressed letters to Telecom Circles, stating that in pursuance of a decision taken by the Union Cabinet, conveyed by the Department of Telecommunication, through letter, dated 29-10-2019, the "BSNL Voluntary Retirement Scheme, 2019" (Scheme for short) is being introduced and that options can be invited from employees who are eligible under the Scheme. The Scheme will remain open from 4-11-2019 up to 3-12-2019 (5:30 p.m.) and that effective date of VRS under the Scheme shall be 31-1-2020. Applicants herein exercised their option within the stipulated time. But as an afterthought they wanted to withdraw their option and to remain in BSNL. Their request was not acceded on the ground that, the option once exercised cannot be withdrawn after the date mentioned in the Scheme. In these OAs, Applicants seek a direction to Respondents, to not enforce the options of VRS exercised by them and to further direct them to continue them in service till they attain the age of superannuation. Applicants submit that they must have liberty to withdraw the request of VRS, anytime before the effective date of retirement and that there is absolutely no justification on the part of the Respondents in not considering the request of withdrawal of the options. Respondents filed their reply justifying their stand. According to Respondents, the Scheme was evolved with a view to spruce the workforce and to lessen the loss of BSNL and that it is a time bound one. Further the scheme details are narrated. Tribunal after hearing both sides observed that there exists provisions for voluntary retirement under the relevant service rules and the scheme of BSNL is one of them designed to reduce workforce and thereby, financial commitment. Salient features of options required to be invited was addressed on 4-11-2019. Salient features of the scheme is narrated. To facilitate the process, it was requested to take steps for effective implementation of VRS which is narrated from 5
(a) to (h). Clause 3 of the scheme deals with definition and Clauses (4) to (8) are relevant for the purpose of this batch of OAs. Clause (4) deals with "Operation of the Scheme and Clause (8) from
(i) to
(ix) deals with general conditions. In case of any ambiguity of this scheme, the decision of CMD is final and binding. In Annexure-II of the scheme, step-by-step guide 1 to 6 is reproduced. A combined reading of the provisions as stated above "would indicate that the scheme is operative between 4-11-2019 and 3-12-2019. In other words, the exercising option or withdrawal thereof is required to take place within that time. If VRS is accepted, the effective date would be 31-10-2020". Clause 7
(iii) indicates that the employees shall be entitled to withdrew their option for voluntary retirement (VRS) is accepted, and the effective date would be 31-10-2020. Clause 7
(iii) states that the employee option once exercised shall be binding and the employee is permitted to withdrew only once at any time, till the closing time and date of option, i.e. 3-12-2019 up to 5.30 p.m. If an employee is not decisive to take VRS but has an inclination to do so, he can indicate "decide later" and that may give a scope for keeping his option for taking VRS live, beyond 3-12-2019. But it is difficult to hold that such a clause was inserted to enable the employee to withdraw option, beyond 3-12-2019. As a matter of fact, in the service jurisprudence itself, the applications made for VRS under statutory provision or letters of resignation, are permitted to be withdrawn, till they are accepted by the Competent Authority.

Original Rule Text

Original Rule Text