- (1.) Heard learned counsel for the parties in all these appeals. All the three cases involve similar question of law therefore, we dispose them of by the common order. The facts given in the case of C.A.No.1611/2006 are taken into consideration.
(2.) The respondent an employee of the Food Corporation of India applied on 13.9.2006 for voluntary retirement in pursuance of the scheme of Voluntary Retirement floated by them on 29.6.2002. He revoked his offer and has withdrawn the same on 27.9.2004 but despite withdrawal, his offer for voluntary retirement was accepted on 9.11.2004. This order of retirement dated 9.11.2004 was challenged by the respondent by filing a writ petition before the Division Bench of the Punjab and Haryana High Court. The Division Bench relying upon the earlier judgment given under Gurcharan Singh vs. FCI allowed the respondent's request and quashed the order dated 9.11.2004.
(3.) Hence the present appeal by the Food Corporation of India. We have heard learned counsel for the parties and perused the record. The short question before us is when the applicant has made the application for withdrawal before it could be accepted, can the Food Corporation of India still enforce the offer of voluntary retirement upon the incumbent. The learned counsel for the appellant has submitted that as per Clause VIII(d) of the terms of the scheme which clearly stipulates that the incumbent once makes a request for voluntary retirement, he will be prevented from withdrawing the same that means that once he has given offer for voluntary retirement and when the withdrawal is totally prevented he has no right to withdraw his offer. For better appreciation of the Clause VIII (d), it reads as under: "Once an employee submits his application for voluntary retirement under this scheme to the competent authority, it shall be treated as final and it is not open to the employee to withdraw the same. The competent authority within notice period (3 months) shall take a decision to accept or reject the request and shall communicate the same to the official concerned.";