- 1 - NC: 2025:KHC:3401 WP No. 41039 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 41039 OF 2014 (S-R) BETWEEN: M NARAYANASWAMY S/O LATE BAJJAPPA AGED ABOUT 55 YEARS FORMERLY WORKING AS DEPUTY ENGINEER BHARAT ELECTRONICS LIMITED MINISTRY OF DEFENCE GOVERNMENT OF INDIA UNDERTAKING STAFF NO.BCE 204 741 CSG-RADAR, BG & HRW GAZIABAD NOW RETIRED ON VOLUNTARY RETIREMENT AND RESIDING AT NO.283 2ND MAIN, 4TH CROSS CKA, BSK III STAGE BANGALORE- 560085. …PETITIONER (BY SRI. SUBRAMANYA BHAT M., ADV.) AND: 1. BHARAT ELECTRONICS LIMITED REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR CORPORATE OFFICE OUTER RING ROAD NAGAVARA BANGALORE- 560 045. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3401 WP No. 41039 of 2014 2. THE GENERAL MANAGER (HUMAN RESOURCES) BHARAT ELECTRONICS LIMITED CORPORATE OFFICE OUTER RING ROAD NAGAVARA BANGALORE-560045. …RESPONDENTS (BY SRI. KAVEESH SHARMA M., ADV. SRI PRADEEP SAWKAR, ADV. FOR R1 & R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE MANAGEMENT OF B.E.L.; DIRECT THE RESPONDENTS TO PAY THE PETITIONER A SUM OF RS.10,90,746.00 OR SUCH OTHER SUM AS MAY BE DETERMINED IN ACCORDANCE WITH THE RULES AND REGULATIONS UNDER THE VARIOUS HEADS WITH 15% INTEREST ON THE BALANCE AMOUNTS DUE AS ON TODAY AND AFTER CONSOLIDATING THE TOTAL AMOUNTS DUE DIRECT THE RESPONDENTS TO PAY THE SAID SUM TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner, a voluntarily retired Deputy Engineer of first respondent-Bharat Electronic Limited (for short “BEL”) is before this Court under Article 226 of the Constitution of India with the following prayers: - 3 - NC: 2025:KHC:3401 WP No. 41039 of 2014 “(1) issue a writ in the nature of mandamus or any other appropriate writ or order or direction directing the Respondents to pay the Petitioner a sum of Rs.10,90,746/- or such other sum as may be determined in accordance with the rules and regulations under the various heads with 15% interest on the balance amounts due as on today and after consolidating the total amounts due direct the Respondents to pay the said sum of the Petitioner; and (2) pass such other relief or reliefs which this Hon’ble Court may be pleased to grant in the circumstances of the case as on 01.01.2007 by virtue of benefits of wage revision and grant him all the benefits including financial benefits and direct the Respondents to pay the Petitioner the cost of this petition and such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard Sri.Subramanya Bhat, learned counsel for the petitioner and learned counsel Sri.Kaveesh Sharma for Sri.Pradeep Sawkar, learned counsel for respondents. Perused the writ petition papers. - 4 - NC: 2025:KHC:3401 WP No. 41039 of 2014 3. Learned Counsel Sri.Subramanya Bhat for petitioner would submit that the petitioner joined service of first respondent-BEL on 26.07.1979 and he retired from service on 30.09.2011 under Voluntary Retirement Scheme (“VRS” for short). He submits that the petitioner had completed total service of 32 years 2 months, but while granting VRS benefits, the respondents counted only 30 years of service. Further, learned counsel would submit that on 28.02.2009, the petitioner was transferred from Bangalore to Ghaziabad, Uttar Pradesh. On his transfer, the petitioner fell ill and he had to apply for medical leave from February 2009 till 16.09.2011. It is submitted that on 16.09.2011, the petitioner joined duty at transferred place at Ghaziabad in Uttar Pradesh. Thereafter, accepting his VRS application, he was relieved on his duties on 30.09.2011. Further, learned counsel would submit that the period from 28.02.2009, the date on which petitioner was transferred to Ghaziabad and till the date of he reporting to duty at Ghaziabad on 16.09.2011 was treated as Leave without Allowance (LWA). Learned - 5 - NC: 2025:KHC:3401 WP No. 41039 of 2014 counsel submits that respondents while settling VRS benefits of the petitioner failed to count the said two years period for the purpose of VRS benefits, which is wholly illegal and unreasonable. Learned counsel would submit that by LWA petitioner has been denied salary for the said period and by not counting the said period for the benefit of VRS. The petitioner has suffered twice which would amount to double jeopardy. Learned counsel referring the scheme of VRS (Annexure-R2) as well as Leave Rules (Annexure-N) submits that there is no provision which would prevent the respondents from counting LWA period for the purpose of VRS benefits. Thus, learned would pray for allowing the writ petition and granting VRS benefits by counting 32 years of service instead of 30 years. 4. Per contra, learned counsel Sri.Kaveesh Sharma appearing on behalf of Sri.Pradeep Sawkar submits that admittedly, the petitioner failed to report to duty on his transfer on 28.02.2009 and he remained absent from 28.02.2009 to 16.09.2011 without joining duty at - 6 - NC: 2025:KHC:3401 WP No. 41039 of 2014 transferred place i.e., Ghaziabad. He submits that the respondents rightly treated the said period as LWA and said LWA is not counted for the purpose of VRS benefit. Learned counsel invites attention of this Court to clause 16.0 of Annexure-N, which relates to Leave Without Pay and submits that the period treated as LWA cannot be counted for any benefit unless the leave is sanctioned which is at the credit of the petitioner. Further, learned counsel would submit that the petitioner has not sought for grant any other leave which was at his credit and when it is treated as LWA, the petitioner would not be entitled for counting the said period for any purpose. Thus, learned counsel would pray for dismissal of the writ petition. 5. Having heard the learned counsel for the parties and on perusal of the writ petition papers, the only point which falls for consideration is as to whether the period of LWA could be counted for any benefit or for the benefit under VRS? - 7 - NC: 2025:KHC:3401 WP No. 41039 of 2014 6. Answer to the above point would in the negative and LWA period cannot be counted for any benefit including benefits accruing under VRS, for the following reasons: The petitioner was working in the first respondent- BEL as Deputy Engineer and he retired by taking voluntary retirement under revised VRS scheme dated 17.10.1994 of respondent-BEL (Annexure-R2). Annexure-R2/Revised Voluntary Retirement Scheme makes it clear that no employee can claim voluntary retirement as a matter of right. An employee whose request for voluntary retirement is accepted would be entitled to exgratia payment equivalent to 1 ½ months emoluments for each completed year of service. Completed year of service is defined under BEL Employees Gratuity Scheme dated 19.11.1998. 2.0(c) of BEL Employees Gratuity Scheme where completed year of service and continuous service is defined, reads as follows: - 8 - NC: 2025:KHC:3401 WP No. 41039 of 2014 “2.0(a) xxxxxxxxxxx (b) “Completed year of service” means cont inuous service for one year; (c)”Continuous Service” means uninterrupted service and shall include service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the Standing Orders, rules and regulations governing the employees of the Company), lay-off, strike or lock-out or cessation of work not due to the fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this scheme.” 7. Completed year of service means continuous service of one year. Continuous service means uninterrupted service and shall include service which may be interrupted on account of sickness, accident, leave, absence from duty without leave not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the Standing Orders, Rules and Regulations governing the employees of the Company, - 9 - NC: 2025:KHC:3401 WP No. 41039 of 2014 lay-off, strike or lock-out or cessation of work, whether such uninterrupted or interrupted service was rendered before or after the commencement of the scheme. 8. In the instant case, it is an admitted fact that the petitioner remained absent from 28.02.2009 till 16.09.2011 and the said period is treated as LWA. When such period is treated as LWA, the said period cannot be considered as continuous service and cannot be considered as completed year of service. Normally, under Service Rules, during LWA period, an employee would not be entitled for any benefit, unless the said LWA period is treated by sanctioning any particular kind of leave at credit. In the instant case, the petitioner has not sought regularization lpof the said period by requesting to sanction any kind of leave at his credit. In the absence of the same, respondents are justified in not counting the said period for the purpose of granting VRS benefits. 9. Learned counsel mainly contended that treating the said period as LWA and not counting the same for VRS - 10 - NC: 2025:KHC:3401 WP No. 41039 of 2014 benefits would amount to double jeopardy. The said contention at any stretch of imagination cannot be accepted for the reason that at the first instance, the said period i.e., leave without pay is the period during which, one remains absent from duty and when a person remains absent from duty, he is not entitled for salary as he failed to perform his duty, hence, the said period cannot be treated as duty. If the period is not treated as duty, the same would not be counted for service benefits or for any other benefits. 10. For the reasons stated above, I do not find any merit in the writ petition and accordingly, the petition stands rejected. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 37