The Supreme Court has ruled that employees cannot skip work solely because their Voluntary Retirement Scheme (VRS) applications are unresolved, emphasizing that such absenteeism is unjustifiable under the law.
This judgment came as the Court overturned an Allahabad High Court decision that had reinstated doctors dismissed for prolonged absenteeism under the guise of pending VRS applications.
The case involved doctors in Uttar Pradesh who filed VRS requests in 2006 and 2008 but ceased attending work thereafter. Their employment, along with over 400 other doctors, was terminated in 2010 without disciplinary inquiries, as permitted under Article 311(2)(b) of the Constitution in situations where inquiries are deemed impractical.
Challenging the termination, the dismissed doctors sought judicial relief to address their pending VRS applications. The High Court had ordered their reinstatement with benefits, prompting the state to appeal to the Supreme Court.
In its verdict, the Supreme Court criticized Uttar Pradesh authorities for failing to promptly address the VRS requests but held that absenteeism was an inappropriate response by the employees. The judgment stated:
“While the delay in deciding the VRS applications is indefensible, the respondents had no justification for resorting to absenteeism. Legal remedies were available to address their grievances instead of abandoning their duties.”
Consequently, the Supreme Court invalidated the High Court’s directive for reinstatement, reinforcing the principle that employees are obligated to fulfill their duties until formally relieved of service.
