S.J.MUKHOPADHYAYA,J. - (1.) THE petitioner who was allowed to retire under Voluntary Retirement Scheme (VRS) having not allowed retiral benefits, as per Circular No. 374 dated 5th September, 1995 read with Circular No. 400 dated 12th October, 1995, has moved this Court for payment of rest of the benefits, as per those circulars.
(2.) THE fact as pleaded and admits shows that the petitioner was working as A.M.O. under Project and Development India Ltd. (PDIL) Sindhri A. V.R. Scheme was in existence since 5th October,1988 published by Government of India's Memorandum No. 2(36)/86 -BPE(WC) of the said date. Thereafter, a new V.R. Scheme was introduced by Respondent -PDIL, Sindri by Circular No. 374 dated 5th September, 1995, subject to approval of Union of India. The scheme was initially made in force for fifteen days w.e.f. 7th September, 1995 to 21st September, 1995 but the date was subsequently extended upto 18th October, 1995 by subsequent Circular No. 400 dated 12th October, 1995. Interested employees were asked to submit their applications within the aforesaid period with clearstipulation that if the Union of India does not approve the scheme, the employees shall be free to withdraw the application or the scheme will be inoperative automatically. The petitioner applied on 16th October, 1995 for his Voluntary Retirement, as per Circular dated 5th September, 1995 and showed intention to retain quarters for five years, as per the said scheme. As no approval of scheme by the Union of India was communicated till January, 1996, none of the employees who opted in pursuance of V.R. Scheme dated 5th September, 1995 were released. The petitioner, vide letter dated 7th February, 1996 requested the authorities to release him w.e.f. 19th February, 1996 under the ongoing scheme of V.R. with the condition that as and when September, 1995 V.R. Scheme is accepted and implemented, the additional benefits in pursuance of subsequent scheme to be extended to him, he having applied in pursuance of September, 1995 scheme. The Management, as per request of petitioner, approved the prayer vide letter dated 24th May, 1996 and petitioner was released vide order dated 30th April, 1996. The petitioner was paid benefits in terms with October, 1988 scheme, in absence of approval of September, 1995 scheme by the Union of India, which was subsequently approved in the year 1997.
(3.) THE claim of petitioner is for rest of the benefits, as per September, 1995 V.R. Scheme, having approved in the year 1997.;