Ashok Bhushan, J. - (1.) Heard Sri Kushal Kant, learned counsel for petitioner and Dr. Y.K. Srivastava, learned counsel, appearing for the respondents. Counter and rejoinder affidavits have been exchanged between the parties. With the consent of the parties the writ petition is being finally decided.
(2.) By this writ petition the petitioner has prayed for quashing the order dated 13th July, 2001 passed by Managing Director, U.P. State Sugar Corporation Limited rejecting the representation of the petitioner dated 30th April, 2001. It is further prayed that a direction be issued commanding respondents No. 1 and 2 to treat the V.R.S. Form submitted by the petitioner on 15th September, 2000 as withdrawn. A writ of mandamus is also prayed commanding respondents No. 1 and 2 to pay the petitioner her salary due since 1.6.2000 and continue to pay her regular salary month to month.
(3.) Brief facts necessary for deciding the controversy raised in the writ petition are; petitioner was appointed as Class-IV employee in the year 1989 in Sugar Mill, Nekpur, Bareilly Unit of U.P. State Sugar Corporation Limited. The U.P. State Sugar Corporation Limited in pursuance of the Government order dated 9th May, 2000 introduced voluntary retirement scheme. The voluntary retirement scheme was circulated by the Mill vide its letter dated 15th June, 2000. The U.P. State Sugar Corporation Limited decided to close down 11 of its Units (Mills) which included the Nekpur, Bareilly Unit also from the year 1998-99. The petitioner submitted an application dated 15th September, 2000 praying for grant of voluntary retirement. On 15th September, 2000 itself the respondents claimed to have calculated the benefits to which petitioner was entitled, i.e., an amount of Rs. 49,589.40P. Vide letter dated 5'" December, 2000 the General Manager communicated to all the employees who have applied for V.R.S. that the amount of V.R.S. has been received from Head Office and the employees are requested to collect the amount within one week, After receiving the letter dated 5th December, 2000, the petitioner made an application on 13th January, 2001 stating that although petitioner had filled V.R.S. form on 15th September, 2000 but till date she has not been made the payment under the said scheme. The petitioner further stated that when she contacted the Account Office she was told that money has not yet come. The petitioner stated that her salary is due from June, 2000 along with other amount. The petitioner filed a writ petition being Writ Petition No. 6580 of 2001 in February, 2001 stating that petitioner has given an application for voluntary retirement under voluntary retirement scheme on 15.9.2000 but before it could be accepted she filed an application on 25th September, 2000 withdrawing her option for voluntary retirement. It was stated in the writ petition that neither any order has been passed nor petitioner has been paid salary. This Court disposed of the writ petition on 22nd February, 2001 directing the Managing Director of the Corporation to pass a reasoned order on the application of the petitioner within one month. After the order dated 22nd February; 2001 of this Court the Managing Director passed the impugned order dated 13th July, 2001 holding that petitioner never submitted the application dated 25.9.2000 for withdrawing her option given under voluntary retirement scheme nor any such application dated 25th September, 2000 has been received in the Unit. The order further states that option of the petitioner dated 15.9.2000 for voluntary retirement was accepted on the same day and further vide letter dated 5th December, 2000 the petitioner was informed to receive the payment under the voluntary retirement scheme. This writ petition has been filed by the petitioner challenging the said order dated 13th July, 2001.;