G.L. Gupta, J. - (1.) The above mentioned writ petitions have been filed by the workers to challenge the order dated 9-12-1996 whereby the respondent-Corporation directed their retirement w.e.f. 14-12-1996 under the Voluntary Retirement Scheme.
(2.) The undisputed facts are that the petitioners were appointed as unskilled workers in the respondent-Corporation at Sanu Lime Stone Project, Jaisalmer. There was a voluntary retirement scheme in the Corporation under which the employees could seek voluntary retirement on completing 10 years service or attaining 40 years of age. The petitioners sought voluntary retirement by making applications on different dates. Sanga Ram filed application on 10-5-1995, Mohabat Khan & Deene Khan on 10-6-95, Mooli, Nakta Ram, Daula Ram and Babu Ram on 9-6-95. They stated in their applications that if the amount of provident fund and gratuity was paid within three months, encashment of the leave standing to their credit was made and Rupees 20,000/- were also paid they may be retired. Mohabat Khan, Nakta Ram and Mooli wanted their retirement to be accepted from 30-6-95, whereas Daula Ram, Babu Ram and Deene Khan prayed that the request of their retirement be accepted from 10-6-95. Their request for voluntary retirement was accepted on 9-12-1996, to take effect from 14-12-96 by the impugned order.
(3.) It has been averred in the writ petitions that before the order dated 9-12-1996 was passed the petitioners had withdrawn their request of voluntary retirement and therefore, the order dated 9-12-1996 could not be passed and is illegal. In the writ petitions of Daula Ram and Babu Ram there is an additional averment that the respondents had already rejected their request of voluntary retirement.;