Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition has two fold grievances:--(1) the respondents wrongfully refused to accept his application for voluntary retirement; and (2) they initiated two disciplinary proceeding mala fide, and for frustrating his legal right to go on voluntary retirement.
(2.) In August 2002 he was working in Kolkata office of Indian Airlines Ltd. as senior manager. The company wanted to utilise his service in Chennai, and hence transferred him by order dated 26th August, 2002. Feeling aggrieved, he moved this Court by filing a Writ Petition [No. 12950 (W) of 2002]. By order dated 9th September, 2002 it was disposed off with the observations that he must join the Chennai office though he would be at liberty to make representation to his employer expressing his difficulties in complying with the transfer order. Consequently, he joined the Chennai office on 16th September, 2002 and discharge duties till 29th September, 2002.
(3.) He applied for leave stating illness of his wife. The competent authority sanctioned leave for the period from 30th September, 2002 to 30th November, 2002. While on leave he decided to apply for voluntary retirement in exercise of his right available under Service Regulations for Employees (other than those in the Flying Crew and those in the Aircraft Engineering Department), Regulation 12, which is : "Regulation 12.--An employee shall retire from the service of the company on attaining the age of 58 years provided that the competent authority may ask an employee to retire after he attains the age of 55 years on giving three months' notice without assigning any reason. An employee-- (a) on attaining the age of 55 years; or (b) on the completion of 20 years of continuous service may by giving three months' notice voluntarily retire from the service : Provided that the voluntary retirement under Clause (b), shall be subject to approval of the competent authority : Provided further that, notwithstanding anything contained in Regulation 12, the services of an employee may at the option of the Managing Director and the employee being found medically fit, be extended by one year at a time beyond the age of retirement of 58 years for an aggregate period not exceeding two years." The application submitted by him on 1st October, 2002 reads as follows : "This refers (sic) to the Est. Order No. 17 of 2002, issued vide No. H.P.D.O. 1/C.E./1701 dated 26th August, 2002 by flouting all the guidelines of transfer. In accordance to the above order and the dictum at the Hon'ble (sic) Justice of High Court of Calcutta I joined Southern region on 16th September, 2002. During my stay at Chennai I failed to admit my son to any school as schools including 'Central School' would not give fresh admission to Class-XI after 31st July of the academic session. Since studies of my son cannot be discontinued and my wife being sick and cannot be left alone I am now compelled due to the circumstances created at this age in the name of exigencies of work as was done again and again in the past to tender my option (sic) under "Service Regulation 12" and make it known to you that I have no other option but to retire from service with effect from 31st March, 2003 after close of office hour on that day, after availing my leave in credit. I also request you to give effect to my promotion to the post of Dy. C.M. (C.E.) which was filled up without considering me again by flouting R & P rules of the organization (A representation given to you). At last I request you to consider for passing appropriate orders for enabling me to draw my retirement from Kolkata office of Eastern Region as I will have to stay at Kolkata for the reason explained above. Thanking you." After he filed the application for voluntary retirement the company cancelled his sanctioned leave, and by order dated 8th November, 2002 directed him to report for duties Immediately. The order reads as under : "This has reference to the privilege leave sanctioned to you w.e.f. 30th September, 2002. The leave sanctioned to you is hereby cancelled and you are advised to report for duties immediately on receipt of this letter.";