LPA No.786/2013

Page 1 of 43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

LPA 786/2013 & CMs 16643/2013, 5110-5112/2014

Reserved on : 23^rd April, 2014

%

Date of decision : 6^th May, 2014

P P VAIDYA & ORS

..... Appellants

Through

Mr. Vishnu Mehra with

Ms.Sakshi Mittal, Advs.

versus

IFCI LTD. & ORS

..... Respondents

Through

Mr. Dinkar Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE P.K. BHASIN

HON'BLE MR. JUSTICE J.R. MIDHA

JUDGMENT

J.R. MIDHA, J.

1.

The appellants are the erstwhile officers of the respondent

who opted for voluntary retirement under the Voluntary Retirement

Scheme – 2008 dated 1^st February, 2008 (hereinafter referred to as

„VR Scheme‟) on 25^th February, 2008.

2.

On 19^th February, 2011, i.e. almost three years of taking

voluntary retirement, the appellants filed the writ petition to claim

an incentive under Scheme of Performance Linked Incentive

(hereinafter referred to as „SPLI‟) for the financial year 2007-08

which was dismissed by the learned Single Judge and is under

challenge in this appeal.

LPA No.786/2013

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Factual matrix

3.

The salient features of VR Scheme of the respondent are as

under:-

3.1.The employees are entitled to the benefits mentioned in

Clause 7 only.

3.2.SPLI is not mentioned in Clause 7 of VR Scheme.

3.3.Clause 7.7 clarifies that no other benefit shall be available to

the employees opting for voluntary retirement under the VR

Scheme.

3.4.Clause 9.4 further specifies that the benefits payable under

the VR Scheme shall be in full and final settlement of all claims

whatsoever arising under the Scheme or otherwise and the

employee will not have any claim whatsoever against the

respondent and no demand or dispute will be raised by him

whether for re-employment or compensation or back wages.

3.5.Clause 9.12 further clarifies that there will be no revision of

the voluntary retirement amount on account of pay revision or any

other account in future.

3.6.Clause 9.13 further clarifies that the VR Scheme is not

negotiable.

4.

The relevant clauses of the VR Scheme are reproduced

hereunder:-

“7.

BENEFITS UNDER THE SCHEME

LPA No.786/2013

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No

other

benefit,

including

the

post

retirement medical benefits under the Voluntary

Welfare Scheme and Medical Scheme of the IFCI

shall be available to the employee opting for

Voluntary Retirement under the Scheme. The total

refunded to him.”

“9.4The benefits payable under the scheme shall

be in full and final settlement of all claims

whatsoever, whether arising under the scheme or

otherwise to the employee (or to his nominee in case

of death). An employee, who is voluntarily retired

LPA No.786/2013

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under the scheme, will not have any claim against

the IFCI whatsoever and no demand or dispute will

be raised by him or on his behalf, whether for re-

employment or compensation or back wages.”

“9.12 There will be no revision in the Voluntary

Retirement amount on account of pay revision or

any other account in future.

convention, usage or practice and time in future.”

(Emphasis supplied)

5.

The appellants, in the application form submitted at the time

of taking VR Scheme, undertook to unconditionally and

irrevocably abide by the terms and conditions of the VR Scheme.

The appellants further admitted and undertook that they have no

further claims and/or rights against the respondent, except for the

payment of benefits under the VR Scheme. The relevant portion

of the application form is reproduced hereunder:-

Retirement Scheme –2008 (Scheme)”.

My decision to retire from the services is

voluntary. I undertake to abide by the terms and

conditions of the Schem