Supreme Court: Employee cannot remain absent from work citing pending VRS application

In 2010, the Appellant terminated their employment along with over 400 other doctors over their long absenteeism, invoking clause (b) of the second proviso to Article 311(2) of the Constitution of India, citing the impracticality of holding a disciplinary inquiry.

- 

The Supreme Court in the case State of Uttar Pradesh And Ors Versus Sandeep Agarwal observed that an employee cannot remain absent from service merely because its Voluntary Retirement Service, VRS application is pending.

The bench comprising of Justice AS Oka and Justice AG Masih was hearing the present matter.

The bench in the case was hearing the appeal of State of U.P. against the decision of Allahabad High Court, wherein the court directed for the reinstatement of the respondent employees who were being terminated from the service because of their absenteeism from the service under the garb of pending Voluntary Retirement Service, VRS application.