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2013 Supreme(SC) 824

B.S.CHAUHAN, S.A.BOBDE
Vijay S. Sathaye – Appellant
Versus
Indian Airlines Ltd. – Respondent


ORDER

1. These petitions have been filed challenging the judgments and orders of the High Court of Madras dated 12.3.2002 in Writ Petition No. 21384 of 1994 and dated 20.7.2007 in Writ Appeal No. 2415 of 2002, rejecting the claim 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:

A. Petitioner joined the service of the 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 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 said scheme was for the employees who had completed 25 years of service or had attained 55 years of age. Subsequently, the condition prescribed in the aforementioned scheme was reduced to 20 years of service in 1992.

C. Regulation 12 of the Service Regulations provided that if an employee fulfils the aforesaid criteria of eligibility he can give three months’ notice for voluntary




























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