KHALID WAQUAR ABID 15 July 2020

Inadverdently resigned instead of voluntarily retirement

I served Air India 9 years and then resigned in 2016.At the time of resignation, i was not aware the service policy. After 4 years, suddenly i came to know that i committed a mistake. I should have asked Voluntarily retirement instead of resignation to get benefits of free flight tickets for whole life as per entitlement based on designation.Because the Air India policy says that if someone served in another govt organisation before joining of Air India, his service length will be counted. So i served in Indian Air Force 10 years. So it will be added to 9 years of Air India. It becomes 19 years.And the employee is eligible for voluntary retirement with ticket benefit if is more than 15 years.So i am eligible. When i contacted their HR department, they said resign case is not eligible for benefit. I apologise them but they said it is too late as all process have been already completed before 4 years, Nothing can be done. what should i do now? Because merely writing resignation in ignorance should not be enough to cease benefits as i qualify for the years serviced the company.

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8 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 15 July 2020

The universal principle is ignorance of the law is of no excuse. However, while a person lodged his letter of resignation, normally any HR shall enquire as to the reasons for resignation during which the benefits and/or disadvantages of going ahead with the resignation shall be discussed. It is a normal practice.

Now, what to do. You have to escalate the matter in HR itself to its highest authority like the HR Head(the ultimate authority). If you do not get any relief from the HR Head, escalate further to the Chairman level giving full details explaining how you were ignorant of the difference between VRS and Resignation and highlight the matter that you were not counselled at all in the matter (if it was a fact).

Lodge the request and hope for the best.

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Dr J C Vashista (Lawyer) 15 July 2020

There is no point in the query as you have submitted resignation in 2016 which has already been accepted by competnent authority. It could have been withdrawn before acceptance.

You have stated to have served IAF for 10 years, did you seel discharge or released on completion of terms of service, which is relevant for you entitlement although out of question at this stage ? .

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Sunayana Chhabra 15 July 2020

First apply in the department. If you don't get the relief, file writ petition in the High Court. Feel free to contact at sunayana122@gmail.com for further assistance.

Ritesh Maity (Labour Law Advocate) 15 July 2020

Ignorance of law (in this case your service rule) is not an excuse. And almost 5 years have passed. In my opinion it will be useless to get involved in litgation for this issue. Better try to talk and pursue the HR and other officials to solve this issue, if possible at all.

G.L.N. Prasad (Retired employee.) 15 July 2020

The basic lesson in law of contract A train of gun powder and a lighted match is flasshing in memory (Offer Vs.Acceptance)

P. Venu (Advocate) 15 July 2020

The facts posted suggest negligence, may be out of ignorance, but not a case of inadvertant mistake. It is too late for remedial action, and virtually there are no grounds. Still there is no harm in attempting administrative remedies. However, it would not be wise escalate the issue into a litigation in a court of law.

Sudhir Kumar (Dy Director) 16 July 2020

Originally posted by : Sunayana Chhabra
	First apply in the department. If you don't get the relief, file writ petition in the High Court. Feel free to contact at sunayana122@gmail.com for further assistance.