S.J.MUKHOPADHAYA, J. - (1.) IN both the cases, as common question of law involved, common prayer has been made by the petitioners and the respondents being also common, they were heard together and are being disposed of by this common judgment.
(2.) THE petitioners of both the cases were in the services of the respondent Hindustan Steel Works Construction Ltd. (hereinafter referred to as the HSCL) posted at Bokaro Steel City, Bokaro. In pursuance of a revised Voluntary Retirement Scheme dated 21st March, 2003 (hereinafter referred to as the V.R. Scheme), they applied for voluntary retirement. Their applications for voluntary retirement were accepted by the HSCL on 25th April, 2003 w.e.f 31st May, 2003. After the order dated 25th April, 2003, but before the date of retirement, the petitioner changed their mind and applied for withdrawal of their applications for voluntary retirement, but they having not received any reply and having allowed to retire w.e.f 31st May, 2003, have preferred these writ petitions. Prayer has been made for issuance of a writ(s)/order(s)/direction(s), especially in the nature of mandamus commanding upon the respondents to allow them to withdraw their applications for voluntary retirement, preferred by them prior to the cut off date i.e., 31st May, 2003 and thereby to allow them to continue in the services of the HSCL. In WP(s) No. 2582 of 2003 the petitioner -Subhash Chandra Singh has further prayed to cancel his order of transfer made vide letter dated 17th April, 2003 and the releasing order dated 18th May, 2003 which compelled him to opt for voluntary retirement. To determine the issue, it is necessary to discuss some relevant facts of each case, as mentioned hereunder. The respondents, HSCL launched its V.R. Scheme on 24th March, 2003 allowing its employees to cpt for voluntary retirement.By an order dated 17th April, 2003, the petitioner was transferred to Ramagundan, Andhra Pradesh. He was released from duty by order dated 18th April, 2003 w.e.f 22nd April, 2003. In view of transfer order, the petitioner applied for voluntary retirement on 21st April, 2003, as per V.R. Scheme. It was accepted by the respondents, vide letter No. PER/ESTT/RR/531(l)/2002, dated 25th April, 2003 w.e.f. 31st May, 2003 (A.N.). Thereafter, on 26th April, 2003 the petitioner applied for withdrawal of his application for voluntary retirement, but it was not accepted and he stood retired w.e.f. 31st May, 2003. This petitioner applied for voluntary retirement on 5th April, 2002 in pursuance of V.R. Scheme. It was accepted by the respondents HSCL from its Kolkata Office, vide letter No. PER/ESTT/RR/531(l)/2002, dated 25th April, 2003 w.e.f. 31st May, 2003(A.N.). According to the petitioner, the respondents came out with a Circular on 29th April, 2003 that it will only make ad hoc payment and not the entire back wages as per V.R. Scheme, dated 24th March, 2003. In this background, he filed an application on 10th May, 2003for withdrawal of his application for voluntary retirement with reminder given on 24th May, 2003. Thereafter, no reply having received, he was made to retire w.e.f. 31st May, 2003.
(3.) ACCORDING to the respondents, the applications of petitioners for voluntary retirement having accepted vide letter both dated 25th April, 2003, there was no occasion for the petitioners to apply, thereafter for withdrawal of applications for voluntary retirement.;