Pramath Patnaik, J. - (1.) IN the instant writ application, the petitioner has inter alia prayed for issuance of writ in the nature of mandamus commanding respondents to consider the case of petitioner for granting benefit of the Female Voluntary Retirement Scheme extended to family workers working in the Company by providing employment/appointment to her dependent/son, if she has not attained the age of 50 on the date of application under the said scheme and to forthwith consider the case of the present petitioner under the Female Voluntarily Retirement Scheme, 2003, in view of the fact that at the relevant time as she was within the prescribed age and also for further direction upon the respondents to immediately provide employment/appointment to her, son - Kanhai Ravidas, under the said Scheme.
(2.) SANS details, facts emanating from the writ petition, in a nutshell is that the petitioner being a general Mazdoor under Mandman Colliery of M/s. Eastern Coalfields Ltd. applied for voluntary retirement under the Female Voluntary Retirement Scheme (in short "F.V.R.S.") in the year 2003, when she was 47 years of age, vide Annexure 1 to the writ application and the said application was forwarded to the then Deputy Chief, Mugma Area vide letter dated 14.02.2003 as evident from Annexure 3 but for the reasons best known to the respondents, the application submitted by the petitioner failed to evoke any response and the respondents maintained a stony silence in considering the application of the petitioner. By efflux of time, new Female Voluntary Retirement Scheme, 2014 has been introduced, vide Annexure 4 of writ petition. Being dissatisfied with the inaction on the part of the respondents, the petitioner agitated her cause through President, Bihar Pradesh Colliery Mazdoor Congress before the Hon'ble Minister of Coal vide Annexure 5 to the writ application. In pursuance thereof, the representation of the petitioner was forwarded to Chairman vide letter dated 30.11.2012 (Annexure 6) for appropriate action, but no action has been taken. Left with no alternative, efficacious and speedy remedy under article 226 of the Constitution of India, invoking extraordinary jurisdiction, the petitioner has approached this Court for redressal of her grievances. The respondents have filed counter affidavit on behalf of respondent Nos. 8 to 10 repelling/controverting the averments made in the writ applications. In the counter affidavit, it has been stated and submitted that earlier Female Voluntary Retirement Scheme, 2002 (In short "F.V.R.S, 2002") was introduced with effect from 3rd/12th November, 2002, which was made applicable to all eligible female employees of Eastern Coalfields Limited in favour of their eligible sons, who are matriculate and above and admittedly the son of the petitioner was not matriculate at the relevant time. In the said Scheme, it is clearly mentioned that "a female employee considered surplus, who has completed 10 years of service and who has not completed 50 years of age may seek voluntary retirement by a written application" and the said Scheme was in operation till 31.12.2002. The Scheme was later on extended up -to 31.01.2003 and upper age was also extended from 50 years to 55 years. The photocopy of the said scheme of 2002 and further modification in the year 2003 is annexed as Annexure A and B to the counter affidavit. It has further been stated that "F.V.R.S." application of petitioner and other applicants were forwarded to the Dy. Chief Personnel Manager, Mugma Area of E.C.L for further action vide letter dated 14.02.2003, Annexure D to the counter affidavit. It is emphasized that the Special Recruitment Scheme/VRS either addressed to employees in general or to any given class of employees happens to be primarily a transitory Scheme with definite cut off date. It always remains a prerogative of the employer to accept or not to accept the offer of retirement of an employee. It has further been stated that in view of the said VRS Scheme, the E.C.L Management has received large number of application and large number of dependent sons, who were medically examined and found fit but the same was not given effect by the M/s. Eastern Coalfields Ltd. (in short "M/S E.C.L") on account of various reasons including short time span of operation of the said Scheme and non -obtaining of approval from Coal India Limited to extend the validity of time of the said Special Female Voluntary Retirement Scheme and thereby the said scheme automatically lapsed. Thus, no employment has been provided to any person under the said scheme. Therefore, the contention of the petitioner that her case has been discriminated is absolutely a wrong statement. Moreover, the petitioner was neither declared as surplus nor her case was accepted by the E.C.L Management for "Female Voluntary Retirement Scheme -2002" as such she is now not entitled to claim any employment for her son on the ground of said Scheme of 2014. Since the petitioner is at the fag end of the service career and is on the verge of retirement, the question of providing any employment on the ground of any special Female Voluntary Scheme does not arise. Further, the petitioner has neither filed any other fresh application under the Special FVR Scheme 2014 nor she is eligible under the Special FVR Scheme - 2014. It has further been submitted in the counter affidavit that since the petitioner has not challenged the Scheme of 2014, the provisions of Scheme of 2014 cannot be given a go by because her earlier application in different FVR Scheme of 2002 was allegedly not considered and there is no justification as to why the petitioner waited for the last so many years. Besides, the question of maintainability of the writ petition has also been raised and it has been stated that since adjudication of writ involves disputed question of facts, the petitioner can raise her grievance under the Industrial Dispute Act, 1947 or other alternative Forum.
(3.) IN response to the counter affidavit filed by respondent Nos. 8 to 10, the petitioner has filed the rejoinder to the counter affidavit reiterating the stand taken in the writ application, more particularly, laying emphasis on Annexure D to the counter affidavit, which is a list prepared by Personnel Manager, Mandman Colliery of applicants under VRS (Female) and forwarded to the Dy. Chief Personnel Manager, Mugma Area, wherein the name of the petitioner appears at serial No. 7.;