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A VRS application notice in a CPSE has expired, and no official response has been received from the CMD or Directors despite repeated representations during and after the notice period. In such a situation, can the employee claim relieving from management along with all VRS benefits as originally offered at the time of application?
If a VRS application in a CPSE has been submitted and the notice period has expired, the employee cannot claim automatic relieving or VRS benefits unless the VRS scheme terms are formally accepted by the competent authority (CMD/Board). Silence or delay does not amount to acceptance in law. However, if the scheme clearly provides deemed acceptance or no rejection within the notice period, the employee may approach the High Court under Article 226 of the Constitution of India to seek direction for relieving and VRS benefits. Proper documentation and scheme conditions are crucial. For further legal assistance contact us on our helpline number.