HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.19053 OF 2001 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to direct the respondent corporation to pay all the arrears on account of pay revision with effect from 01.01.1997 till the date of his retirement and revised V.R. compensation including the difference in amounts towards gratuity, C.P.F., earned leave encashment, and other benefits by re-computing the same considering the revised pay. 2. The case of the petitioner, in brief, is that he joined the service of the respondent corporation as an Upper Division Clerk. The respondent corporation introduced Voluntary Retirement Scheme long back and extended the same number of times, with a view to get rid of excess manpower. On account of the impending pay revision with effect from 01.01.1997, none of the employees were willing to apply for voluntary retirement. Therefore, to get over the said situation, the respondent corporation made it clear to all the employees that the pay revision should not be a hurdle for applying voluntary retirement and the employees will also be entitled for all the benefits under the pay revision. In view of the clear understanding and the promise made by the respondent corporation, himself and other employees have applied for voluntary retirement and his request was accepted and he was relieved from the service on 30.09.1999 having put in 29 years of blemish-less service of various levels. After retirement from service, he was paid the gratuity, C.P.F., earned leave encashment, etc. computing them on the pre-revised pay scales. Thereafter, the respondent corporation has implemented the revision of pay scales of all the employees with effect from 01.01.1997 by re-fixing the pay under the revision and the corporation had also paid the arrears to all the existing employees with effect from 01.01.2001. But however, the respondent corporation did not pay to him the difference in amounts by re-computing the gratuity, C.P.F., etc. taking into consideration the revised pay. As there was no proper response from the respondent corporation inspite of his requests for payment of the difference in amounts, he made a representation to the respondent corporation on 22.06.2001 seeking to pay the arrears on Voluntary Retirement Scheme against pay fixation. In response to it, the respondent corporation sent a reply dated 23.07.2001 stating that since the pay revision has been implemented prospectively only from 01.01.2001 for the employees on the rolls of the corporation as on 01.01.2001, those who left on Voluntary Retirement Scheme prior to that date are not entitled for any such benefits. Aggrieved by the same, he filed this writ petition. 3. Learned counsel for the petitioner has mainly contended that though the petitioner opted for voluntary retirement and he was relieved from the service on 30.09.1999, the subsequent pay revision is applicable to him, in view of the judgment rendered in 1990(1) SLR Page 48. He further contended that acceptance of the benefits at the time of retirement was at notional that cannot be the final settlement since the pay revision was effected at actuals. 4. On the other hand, learned standing counsel for the respondent corporation submitted that the corporation has relied on the additional feature No.1 of the Personnel Circular No.758/99-2000 dated 04.06.1999 with regard to the Voluntary Retirement Scheme, which reads as thus: “20% additional VRS benefit in lieu of any future Wage Revision benefit – To mitigate hardship due to the contingent delays in implementation of Wage Revision, it is proposed to extend an additional 20% benefit over and above the normal VRS compensation computed based on the existing pay, which include Interim Relief. Consequently, no claims towards enhanced VRS compensation shall be entertained on account of any future Wage Revision implemented with retrospective effect. However, wage arrears for the past services that might accrue consequent on implementation of Wage Revision in future, with retrospective effect i.e., from the date of implementation of the Wage Revision till the retirement of an employee under this Scheme, shall be paid at actuals at an appropriate time along with other existing employees.” He further submitted that after accepting the proposal for voluntary retirement and receiving the benefits given by the respondent corporation, the petitioner cannot claim any benefit after lapse of two years. He further submitted that no arrears shall be payable for the period prior to 01.01.2001 as per the approval granted by the Government of India either to the employees on the rolls of the corporation or those who left the services either on VRS or normal superannuation. 5. On perusal of the record, it is clear that the petitioner has applied for voluntary retirement accepting the proposal given by the respondent corporation, it means that he waived off his rights in future. After waiving off his rights for future benefits, he cannot claim any future benefits, in view of the pay revision effected from the year 2001, inasmuch as it is specifically mentioned in the Personnel Circular No.758/99-2000 dated 04.06.1999 regarding Voluntary Retirement Scheme that since the corporation has extended an additional 20% benefit over and above the normal VRS compensation computed based on the existing pay, which include Interim Relief and consequently, no claims towards enhanced VRS compensation shall be entertained on account of any future Wage Revision implemented with retrospective effect and it is also evident from the Personnel Circular No.961/2001-02 dated 30.05.2001 issued by the respondent corporation regarding revision of pay scales that the existing scales of pay are revised and the revised pay is notionally allowed from 01.01.1997 and implemented with effect from 01.01.2001 with a fitment from 01.01.1997. 6. In the light of the above, this Court is of the view that the respondent corporation has not acted against the principles of natural justice and the writ petition is liable to be dismissed. 7. Accordingly, the writ petition is dismissed. There shall be no order as to costs. __________________ RAJA ELANGO, J 26th November, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.19053 of 2001 (Dismissed) 26th November, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.19053 OF 2001 Dated: 26-11-2010 BETWEEN: C.V. Chalapathi Rao … Petitioner And Electronics Corporation of India Limited, Cherlapalli, Moulali, Hyderabad … Respondent THIS COURT MADE THE FOLLOWING: