New Delhi: (13.08.2021): VRS rules are usually neutral on the government's discretionary powers in the case of genuine VRS applicants, if not suspended. So in the case of K P Singh (IRS C&CE:1991), officials believe that he wins both ways. If his VRS application is finally cleared, he wins; if it doesn't get cleared, he wins again by getting back into the job. Singh had applied for VRS in September 2014 and expected that his application would be approved by the government and he would be relieved from the service in December 2014. However, when the approval didn't come, he filed an RTI seeking the status report on his VRS application. In its reply, the cadre controlling authority (CBEC) responded that the VRS application was not in order and so his VRS was not accepted. This prompted Singh to take the matter to CAT but the matter was kept pending and not resolved. The Principal Bench of CAT adjourned his plea 46 times and the matter hangs in balance. So on record, IRS Civil List still shows Singh as a serving officer whereas he has been running his private law and taxation practice post expiry of the notice period. Officials believe that in case Singh loses the case in the CAT Principal Bench, where his matter is pending, he would have to join his duties and will thus lose nothing but stand to gain; and in case, he wins the case, he is already a winner. Both the situations may be favourable to him. It is pointed out that VRS notice under available provisions does not require acceptance. It is only in the case of a Government servant under suspension that the appropriate authority may withhold permission to retire under these rules. Even the right to refuse, if the government servant is under suspension, is not available to the Government.
VRS hangs in balance: A curious case of an IRS officer
By Rakesh Ranjan - 2021-08-13 12:04:00
New Delhi: (13.08.2021): VRS rules are usually neutral on the government's discretionary powers in the case of genuine VRS applicants, if not suspended. So in the case of K P Singh (IRS C&CE:1991), officials believe that he wins both ways. If his VRS application is finally cleared, he wins; if it doesn't get cleared, he wins again by getting back into the job.
Singh had applied for VRS in September 2014 and expected that his application would be approved by the government and he would be relieved from the service in December 2014.
However, when the approval didn't come, he filed an RTI seeking the status report on his VRS application. In its reply, the cadre controlling authority (CBEC) responded that the VRS application was not in order and so his VRS was not accepted.
This prompted Singh to take the matter to CAT but the matter was kept pending and not resolved. The Principal Bench of CAT adjourned his plea 46 times and the matter hangs in balance.
So on record, IRS Civil List still shows Singh as a serving officer whereas he has been running his private law and taxation practice post expiry of the notice period.
Officials believe that in case Singh loses the case in the CAT Principal Bench, where his matter is pending, he would have to join his duties and will thus lose nothing but stand to gain; and in case, he wins the case, he is already a winner. Both the situations may be favourable to him.
It is pointed out that VRS notice under available provisions does not require acceptance. It is only in the case of a Government servant under suspension that the appropriate authority may withhold permission to retire under these rules. Even the right to refuse, if the government servant is under suspension, is not available to the Government.
