Not always possible to withdraw applications for voluntary retirement

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In Madhya Pradesh State Road Transportation Corporation v Manoj Kumar & Anr, the Supreme Court held that where a voluntary retirement scheme is contractual in nature, applicants cannot withdraw their applications for the scheme after it closes.

not-always-possible-to-withdraw-applications-for-voluntary-retirementMadhya Pradesh State Road Transportation Corporation (MPSRTC) was granted permission to wind up. A voluntary retirement from service (VRS) scheme introduced for its employees was initially available from 1 July 2005 to 1 August 2005. A second window for voluntary retirement was made available between 12 October 2006 and 28 October 2006. The scheme stipulated that an application could not be withdrawn after it was submitted.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.