Employee Cannot Be Absent from Work Due to Pending VRS Application: Supreme Court
In State of U.P. & Ors. v. Sandeep Agarwal, the Supreme Court ruled that an employee cannot remain absent from service simply because their Voluntary Retirement Scheme (VRS) application is pending. The case involved doctors in Uttar Pradesh who submitted VRS applications in 2006 and 2008, then absented themselves from work. In 2010, the State terminated their employment, citing absenteeism and invoking Article 311(2) of the Constitution due to the impracticality of a disciplinary inquiry.
The Allahabad High Court directed their reinstatement, but the Supreme Court, allowing the State's appeal, criticized the delay in processing the VRS applications. However, the Court ruled the respondents’ absenteeism was unjustified and that they should have pursued legal remedies if their applications were delayed. The Court invalidated the High Court's order for reinstatement due to the prolonged absenteeism of the respondents.