VIJAYNARAYAN (FREELANCE EDU CONSULTANT) 08 May 2010

LEGALITY OF VRS CLAIM

I joined one PSU in 1976 and resigned in 1982. I re-joined the same PSU in June1983 and thereafter took VRS in Nov 1998. Upon re-entry in 1983 my pay was protected even though I was re-appointed at the entry level. Later by virtue of existing guidelines for such cases I was considered for promotion with my erst while collegues as and when their promotion was due. My seniority was restored along with that of my ex-batch mates after the promotion. On VRS in Nov '98 all my dues like PF& Gratitity were settled for the entire period i.e 76 to 82 & 83 to 98. Ex-gratia VRS amount , however , was settled for the period of 1983 to 1998 i.e for the period after re-joining only. I have been representing &appealing for the VRS ex-gratia amount for the period of 1976 to 1982 on the ground that since my seniority was restored after due promotion & also my last drawn pay was protected , my service for the period 1976 to 1982 should be considered for the purposes of VRS ex-gratia as well. QUESTION : IN such cases is there any legal provisions to stake my claim. I sincerely feel I am morally justified in staking my CLAIM. In may case the due amount will be 2.5 lakhs approx ( without any interest)

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3 Replies

VIJAYNARAYAN (FREELANCE EDU CONSULTANT) 10 May 2010

I AM SURPRISED THAT THIS HAS NOT MERITED ANY REPLY FROM ANY OF THE ENLIGHTENED MEMBERS

radha krishna (vp-hr) 15 May 2010

1. Since you resigned and relieved you are not eligible for the VRS compensation for the that period (76-82)

2. Based on your expertise/competency your company must have considered you for higher pay and other related benefits. It doesn't mean that your service for 76-82 is considered.......they considered only your expertise and competency to perform the job/s. Service period is different from Expertise and competencies.

3. You are not justified for your claim.

VIJAYNARAYAN (FREELANCE EDU CONSULTANT) 17 May 2010

Dear Mr. Radha Krishna

Thanks for the response. I still have a point. Your reply , I feel is made from the prespective of HR.

In my case , I was re-appointed as I was competent and had the expertise and also there was a need or vacancy.

However when I was promoted I was placed along with my ex-batch mates = seniority was ,'RESTORED'. By doing so therefore my break ( = resignation ) nullified ( = logically ) since the promoted level was a TIME BOUND LEVEL and not a SELECTION LEVEL. Hence by restoring my seniority , in fact I had been put back and caught up with my ex-batch mates in TIME.

In such a situation I am looking at ,' is there any legal provisions where by the total lenght of service be counted for all the benefits.