No VRS to employees facing criminal charge, rules Madurai Bench
October, 11th 2007
An employee of a co-operative society could not force the society to accept his voluntary retirement request (VRS) contrary to all norms and conditions imposed under the scheme, the Madurai Bench of Madras High Court has ruled.
Dismissing a writ petition from manager of Paramakudi Urban Co-op Society Ltd, challenging order rejecting his application to go on VRS introduced on 11-8-2005 and further guidelines dated 23-1-2006 of Registrar of Co-op Societies, Mr Justice K. Chandru held that petitioner (M. Nagarajan) having agreed to abide by conditions including guidelines, could not now challenge very same guidelines.
Petitioner was only an employee of co-op society and his continuation or otherwise could only be determined by society itself, and Registrar or Government did not come into the scheme. Petitioner himself admitted that he was facing criminal case filed against him which was pending before Judicial Magistrate Court 1, Ramanathapuram. In the guise of challenging the circular dated 23-1-2006, petitioner could not force society to accept his VRS request contrary to all norms and conditions imposed in this regard. There were no merits in writ petition, and hence same was dismissed.