P.P. Bhatt, J. - (1.) HEARD the learned counsel for the petitioners as well as learned counsel for the State. Perused the papers.
(2.) THE petitioners by way of the present writ petition under Article 226 of the Constitution of India, have prayed for issuance of an appropriate writ/order/direction, directing the Respondents to give effect of the office memorandum dated 6.11.2001 since 5.5.2000 and cover those employees like the petitioners under the modified/revised voluntary retirement scheme dated 6.11.2001. It is the case of the petitioners that they applied for voluntary retirement on 29.6.2001 and their VRS was accepted and they were relieved/released on 30.9.2001. At the time of their retirement, the policy pertaining to VRS issued by the Government of India, Ministry of Heavy Industries, Department of Public Enterprises, dated 5.5.2000 was in force and subsequently, the said VRS Scheme was modified by Circular dated 6.11.2001. According to the petitioners, they should be given the benefit of the revised Voluntary Retirement Scheme and more particularly, their cases should be considered for the purpose of ex gratia payment under the Revised Scheme.
(3.) THE learned counsel for the petitioners in support of his submission, referred to and relied upon the decision rendered by the Hon'ble apex Court in the case of Subrata Sen & Others v. Union of India & Others, reported in : (2001) 8 SCC 71.;