LexVIJAY S. SATHAYE versus INDIAN AIRLINES LTD. AND ORS.
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[2013] 10 S.C.R. 73 VIJAY S. SATHAYE V. INDIAN AIRLINES LTD. AND ORS. (Special Leave Petitions (C) Nos.24220-24221 of 2007) SEPTEMBER 6, 2013 [DR. B.S. CHAUHAN AND S.A. BOBDE, JJ.] Service Law: A B Voluntary Retirement - Employee applied seeking c voluntary retirement under Voluntary Retirement Scheme - During pendency of his application for approval from the competent authority, he did not attend the duty - Application rejected - Writ petition challenging the rejection dismissed by Single Judge of High Court - Writ appeal a/so dismissed D by Division Bench of High Court - Held: The employ~e did not ensure compliance of Regulation 12(b) of Serv4ce Regulations which required three months notice as a condition for applying VRS - Acceptance of the application was a/so subject to approval of the Competent Authority- The employee having not attended the duty even before the E · approval of his application, would be· considered as having voluntarily abandoned the service and there was no requirement on the part of the employee to pass any order on his application - Absence from duty in the beginning may F be a misconduct, but when the absence is for a very long period, it would amount to voluntary abandonment of service and in that event, the bonds of service come to an end automatically without requiring any order to be passed by the employer - Petitions dismissed - Indian Airlines Service Regulations - Regulation 12(b). G Words and Phrases - 'Approval' - Meaning of in the context of Service Law. 73 H 74 SUPREME COURT REPORTS [2013] 10 S.C.R. A Sant Lal Gupta and Ors. vs. Modem Co-operative Group Housing Society Ltd. and Ors. (2010) 13 SCC 336: 2010 (13) SCR 621; M/s. Jeewanlal (1929) Ltd., Calcutta vs. Its Workmen AIR 1961 SC 1567: 1962 SCR 717; Shahoodul Haque vs. The Registrar, Co-operative Societies, Bihar and B Anr. AIR 1974 SC 1896: 1975 (3) SCC 108; State of Haryana vs. Om Prakash and Anr. (1998) 8 SCC 733; Buckingham and Camatic Co. Ltd. vs. Venkatiah and Anr. AIR 1964 SC 1272: 1964 SCR 265; G. T. Lad and Ors. vs. Chemicals and Fibres India Ltd. AIR 1979 SC 582: 1979 (2) SCR 613; c Syndicate Bank vs. General Secretary, Syndicate Bank Staff Association and Anr. AIR 2000 SC 2198: 2000 (3) SCR 285; Aligarh Muslim University and Ors. vs. Mansoor Ali Khan AIR 2000 SC 2783: 2000 (2) Suppl. SCR 684; V.C. Banaras Hindu University and Ors. vs. Shrikant AIR 2006 SC 2304: 0 2006 (2) Suppl. SCR 536; Chief Engineer (Construction) vs. Keshava Rao (dead) by Lrs. (2005) 11 SCC 229; Regional Manager, Bank of Baroda vs. Anita Nandrajog (2009) 9 SCC 462 - relied on. Case Law Reference: E 2010 (13) SCR 621 relied on Para 7 1962 SCR 717 relied on Para 10 1975 (3) sec 108 relied on Para 10 F (1998) 8 sec 733 relied on Para 11 1964 SCR 265 relied on Para 12 1979 (2) SCR 613 relied on Para 12 G 2000 (3) SCR 285 relied on Para 13 2000 (2) Suppl. SCR 684 relied on Para 13 2006 (2) Suppl. SCR 536 relied on Para 13 (2005) 11 sec 229 relied on Para 13 H VIJAY S. SATHAYE v. INDIAN AIRLINES LTD. 75 (2009) g sec 462 relied on Para 13 CIVIL APPELLATE JURISDICTION : SLP (Civil) Nos. 24220-24221 of 2007. A From the Judgment and Order dated 12.03.2002 of the High Court of Madras in Writ Petition No. 21384 of 1994 and B final judgment and Order dated 20.07.2007 in Writ Appeal No. 2415 of 2002. Manish Pitale, Sunil Kumar, Chander Shekhar Ashri for the Petitioner. c Lalit Bhasin, Nina Gupta, Ratna D. Dhingra, Swati Sharma, Bina Gupta for the Respondents. The following Order of the Court was delivered by ORDER ' 1. These petitions have been filed challenging the D judgments and orders of the High Court of Madras dated 12.3.2002 in Writ Petition No. 21384 of 1994 and dated 20.7.2007in Writ Appeal No. 2415 of2002, rejecting the claim E of the petitioner for directing the respondents to grant voluntary retirement to him from 12.11.1994. 2. Facts and circumstances giving rise to these petitions are that: F A. Petitioner joined the service of tfie erstwhile Indian Airlines Limited on 19.3.1972 as First Officer, and he has acquired the necessary license for becoming a Pilot. Petitioner was promoted as a Captain on 19.12.1975 and was further G promoted as Commander on 1.1.1986. B. The respondents came out with a Voluntary Retirement Scheme (in short 'VRS') for its employees in 1989 in order to reduce the surplus manpower. The s
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