ASSAM INDUSTRIAL DEVLOPMENT CORPORATION LTD Vs. MANJUSHREE PATHAK

JUDGEMENT

(1.) Respondent No. 1, Dr (Mrs). Manjushree Pathak was the writ petitioner in Civil Rule No. 816/96 filed before this Court. The writ petitioner had sought for the following prayer : (i) To issue a writ of mandamus, directing the respondents to treat the petitioner as a free person who is no longer an employee of the AIDC and who has gone on Voluntary retirement with effect from 7.12.95 : (ii) To issue a writ of mandamus directing the respondents to make available to the petitioner all the retirement benefits she is entitled to under the AIDC Voluntary Retirement Scheme, 1992 with immediate effect : (iii) To quash and set aside the show cause notice dated 15/16.2.96 (Annexure-8) : (iv) To direct the respondents to act strictly in comliance of the AIDC Voluntary Retirement Scheme, 1992; (v) To issue any other writ, order or direction as may be deemed fire and proper or such further or other order or orders as your lordships may deem fit and proper in the facts and circumstances of the case. (vi) To award cost of this petition to the petitioner,

(2.) This petition was opposed by the respondents by filing a statement of objections by way of a counter traversing the averments made in the writ petition. The learned Single Judge, after hearing the learned counsel on both sides, by an order made on 26.2.96, allowed the writ petition with the following direction : "The benefits of voluntary retirement shall be given to the petitioner in accordance with rules and law as expeditiously as possible."

(3.) It is further observed in the course of the order that the writ petitioner must be deemed to have gone on voluntary retirement as and from 5.2.96. It is this order that is called in question by the appellants Nos. 1 and 2 challenging the correctness and the legality of this order of the learned Single Judge made in the above Civil Rule, for the grounds taken in the appeal.