- (1.) Instant petition was initially filed by petitioner himself assailing order of penalty inflicted of dismissal vide order dt.25/05/2002 (Ann.4) for the misconduct of alleged wilful absence from duty for 76 days, against which appeal was preferred but it came to be rejected by a non-speaking & cryptic order dt. 28/12/2002; but before the matter came up for hearing, petitioner died pendente lis on 20/04/2008 and on application filed by widow as his legal heirs & representatives that came to be allowed vide order dt.15/05/2008 and is presently pursued by her. Writ petitioner whose date of birth was 15/04/1947, initially joined as LDC and promoted as UDC on 16/07/1983 and as Asstt. Manager on 02/11/1999. It appears from the record that at one stage, State Government/ Govt. Undertaking introduced voluntary retirement scheme dt.05/07/1989 known as Golden Hand-Shake Scheme and that came to be introduced by the respondent Corporation vide order dt.13/07/1990 further circulated vide order dt.25/05/2000 inviting applications; pursuant to which, such of employees having rendered Ten years' service or attained 40 years age, were eligible for seeking voluntary retirement. Writ petitioner claiming himself to be eligible applied for seeking voluntary retirement under VRS Scheme to be effective from 01/10/2000 but in furtherance of telephonic directions of respondents, writ petitioner submitted another application on 24/06/2000 for VRS being given effect immediately and when no orders came to be passed by the authority, representations were sent followed by legal notice dt.03/05/2001 for early disposal of application seeking VRS with immediate effect.
(2.) But to his utter dismay, respondent authority did not accept his application seeking VRS but at the same time, passed order of compulsory retirement on 07/05/2001, which was challenged in CWP-2354/2001 and the same came to be allowed vide order dt.09/08/2001 ad infra: "The petitioner was born on 15/04/1947. The petitioner was compulsorily retired vide order dated 007/05/2001. Under the Standing Order No.57, an employee could be retired from service compulsorily only on his attaining age of fifty five years. The order of compulsory retirement against petitioner has been issued on 07/05/2001 i.e. Before the petitioner has attained the age of fifty five years. Powers under Standing order No.53 could have only been exercised after giving proper opportunity to the petitioner. Under these circumstances, the impugned order dated 07/05/2001 is quashed. However, it shall be open for respondents to take appropriate action against petitioner on his attaining the age of fifty five years."
(3.) However, despite order of compulsory retirement being quashed in the writ petition (supra), petitioner preferred Special Appeal (Writ)-887/ 2001 wherein his grievance was that order of compulsory retirement has been quashed but as regards his application for VRS, no order has been passed and to that limited extent, special appeal was preferred, which was admitted on 28/09/2001 and finally came to be disposed of vide order dt. 16/02/2004 ad infra: "Be that as it may, as along as the termination order stands, the plea of the appellant based on Voluntary Retirement Scheme, cannot be considered. In the circumstances, therefore, this appeal is disposed of with the liberty to the appellant to move an appropriate petition, if so advised, for seeking benefit under the voluntary retirement scheme in case the order of termination of the appellant is quashed." ;