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Mohiuddin Baba   25 September 2024

Voluntarily retirement

Dear Sir,
I am working in one of the PSU bank. After putting 33 years of service, I applied for VRS at the fag end of services for the very simple reason that I was not in a position to look after my elderly and infirm mother being the lone son and only male member in the family after the death of my father. Earlier I had requested for transfer that too after attaining the age of 58 years, but due to the unknown reason my request was not acceded. Accordingly, I was compelled by the situation to submit three months notice, but surprisingly before my pre- exit counseling, which is process by design to give soothing touch to the employee and exploring all the possibilities to retain the employee who is hard pressed to leave the service at the fag end, placement in my position was put in place in anticipation of my previous exit interview, indicative preconceived notion of the management that the pre-exit counseling is simply an eye wash. I was being made aware that withdrawal of the VRS within the notice period which is otherwise my right as per the service rules , will be troublesome for me , as the management is going to transfer me far away as they have have already posted another officer in my place before the expiry of notice period and before the acceptance of of my VRS. I was made to amend my pre exit feedback. In order to avoid the backlash, I was compelled to change the feedback in the pre exit interview fearing torture if I will withdraw. Dear Sir, the feedback , I submitted is also highlighting my compulsion and harsh attitude of HR. Is the VRS under such conditions valid from the legal perspective, as the placement in my place was already put in place by HR without any order to me during the notice period.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     25 September 2024

if your VRS has not been cosidered during pending notice period, you may have to wait for the decision of the bank. If the decision is against you then you may plan to take appropriate legal action as per law based on the grievences you were made to suffer

kavksatyanarayana (subregistrar/supdt.(retired))     25 September 2024

If your employer does not consider your request for VRS, you can take legal action.

Mohiuddin Baba   25 September 2024

Sir, my plea is that during the notice period, as per the HR manual there is a pre exit counseling to counsel the employee to withdraw the VRS and exploring the possibilities to retain the employee who is hard pressed to leave the service at the fag end of his services. But surprisingly the management before the exit counseling and within the notice period put in place the placement in my position without any order for me, indicating preconceived notion of the management to accept my VRS without addressing the reason behind the VRS. I was made to amend my pre exit feedback but still it depicts my helplessness to opt for VRS. Feelers by the management were spread of serious consequences if I withdraw the VRS within my notice period. I just want to know whether the VRS taken under such circumstances of compulsion is legally valid or not.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 September 2024

What exactly do you want? Do you want to press for the VRS or do you want to withdraw the VRS? You have explained the circumstances under which you are taking VRS. You cannot afford a protracted fight with the management. You take VRS and look after your old mother. They have already appointed a replacement in your place. I do not think that your management will be so heartless as to refuse your retirement


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