S.K. Gupta, J. - (1.) This appeal has been preferred against the judgment passed by the learned Single Judge of this Court on 5/3/2007 in W.P. No. 12261 (W) of 2005.
(2.) It is the case of the appellants that the writ petitioner filed the said writ before the ld. Single Judge challenging the order of rejection of the prayer for Voluntary Retirement Scheme (hereinafter referred to as VRS), as made by the respondent/writ petitioner, by the Food Corporation of India authority. It is stated in the said writ petition that the respondent is an employee of the Food Corporation of India (hereinafter referred to as the FCI). At the time of filing of the writ petition he was working as Assistant Manager under FCI. By the circular No. EP -01 -04 -16 dated 29/6/2004 the FCI authority prepared a VRS Scheme in respect of its officers and staff all over the country. By the said scheme, the corporation invited applications from its employees for voluntary retirement from the service and the corporation reserved its right either to allow or to reject such prayer. The scheme would remain operative for a period of three months from the date of the notification. The corporation by virtue of the said notification reserved its right for consideration of such prayer but in doing so it was made obligatory on the part of the corporation to record reasons in writing.
(3.) Pursuant to the said circular the respondent/writ petitioner submitted a prayer for acceptance of VRS in his favour on 6th July, 2004, wherein the respondent expressed his desire for retirement under such scheme with effect from 5th October 2004 viz. after the expiry of three months' notice period. Although, there is a provision in the scheme that such applications of the employees, praying for voluntary retirement, are to be considered within 90 days from the date of receipt of the applications, but in the case of the respondent, the authority intimated the decision of rejection of such prayer after the said period of 90 days was over.;