VIJAY S. SATHAYE versus INDIAN AIRLINES LTD. AND ORS.

VIJAY S. SATHAYE versus INDIAN AIRLINES LTD. AND ORS.

Petitioner did not give mandatory three months' notice for voluntary retirement and abandoned service by not attending duty pending approval; absence for a long period amounts to voluntary abandonment, and thus, voluntary retirement was rightly denied and petitions dismissed.

Parties
Petitioner: Vijay S. Sathaye; Respondents: Indian Airlines Ltd. and Ors.
Jurisdiction
India
Judgment Date
06 September 2013
Procedural Posture
Special Leave Petition (civil) Nos. 24220 24221 of 2007 / Final Supreme Court Decision Disposing of Slps
Outcome
Petitions dismissed and fully settled by payment.
Legal Topics
Voluntary Retirement Scheme, Notice Requirement, Abandonment of Service
Service Law Voluntary Retirement Scheme Notice Requirement Abandonment of Service

Case Brief

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Parties

Vijay S. Sathaye

Petitioner

Indian Airlines Ltd. and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) Nos. 24220 24221 of 2007 / Final Supreme Court Decision Disposing of Slps

Legal Issues

  1. 1 Whether petitioner was entitled to voluntary retirement under the Voluntary Retirement Scheme without compliance with Regulation 12(b)
  2. 2 Whether absence from duty amounts to voluntary abandonment of service
  3. 3 Whether three months' notice is mandatory for applying VRS

Ratio Decidendi

Petitioner did not give mandatory three months' notice for voluntary retirement and abandoned service by not attending duty pending approval; absence for a long period amounts to voluntary abandonment, and thus, voluntary retirement was rightly denied and petitions dismissed.

Court Disposition

Petitions dismissed and fully settled by payment.

Orders

  • Respondents' payment of Rs.1,42,042.45 and Rs.6,24,104.58 accepted for petitioner, claim fully and finally settled.
  • Special Leave Petitions disposed of.