Jayanta Kumar Biswas, J. - (1.) The petitioner is aggrieved by the decision of the District Inspector of Schools (SE), Bankura dated August 21st, 2006 directing him to refund the amount received by him in terms of voluntary retirement scheme, for becoming entitled to get salaries and allowances as headmaster of Chhagulia Sammilani Nehru High School, Bankura.
(2.) He was an assistant teacher in a Central Government undertaking (Mining and Allied Machinery Corporation, Durgapur). That corporation was closed and a voluntary retirement scheme was floated. He took the benefit of the scheme, and as a result, amounts receivable were paid to him. By an order dated November 6th, 2001 the Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises of the Government of India modified the scheme that had been floated by office memorandum dated May 5th, 2000.
(3.) One of the modifications was, "Once an employee avails himself of voluntary retirement from a PSU, he shall not be allowed to take up employment in another PSU. If he decides to do so he shall have to return the VRS compensation received by him to the PSU concerned. Where the compensation was paid out of a Government grant, the PSU concerned shall remit the refunded amount to the Government. In case the PSU is already closed/merged, the VRS compensation shall be returned directly to the Government.";