C MADHUSOODAN Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) The Petitioner has sought for (a) quashing the letter/order dated 23.12.2006 sent by the 1st Respondent vide Annexure-'C', by which the Petitioner was informed that his request for voluntary retirement was not accepted, (b) quashing the order dated 9.5.2007 passed by the 1st Respondent vide Annexure-'J' accepting the resignation tendered by the Petitioner and the order at Annexure-'K' dated 15.6.2007 relieving the Petitioner from duties pursuant to the resignation of the Petitioner, (c) a declaration that Clause 10(ii) of Annexure-'I' to Annexure-'A' is arbitrary and ultra virus of Articles 14, 16 and 21 of the Constitution of India, (d) to grant benefits of Voluntary Retirement Scheme Annexure-'A' dated 22.11.2006.

(2.) The records reveal that the Petitioner joined service as Medical Officer in Visvesvaraya Iron and Steel Plant (VISP) Hospital. He secured three promotions and was a Senior Consultant in Anesthesiology in the year 2007. VISP hospital introduced Voluntary Retirement Scheme (VRS) in the year 2001 and the same was extended from time to time. The Petitioner opted for VRS on 4.12.2006. But, the same was turned down by the order dated 23.12.2006 as per Annexure-'C' by the Respondent. On 15.3.2007, Petitioner submitted the letter of resignation, which came to be accepted on 9.5.2007 as per Annexure-'J'. On 28.4.2007 i.e. prior to the acceptance of the resignation of the Petitioner, a notice came to be issued on behalf of the Petitioner as per Annexure-'L', by inter alias mentioning therein that the resignation was given out of sheer desperation and frustration and the same was not voluntary. It is also mentioned in the said letter that, even though the Petitioner was eligible to have his case considered for VRS, his case was not considered on untenable grounds and that he has been unjustly denied the benefits payable under the VRS. In the said letter, it was prayed that the letter of resignation dated 15.3.2007 submitted by the Petitioner may be treated as application for retirement under VRS and that he be paid all benefits to which he is eligible under the VRS. However, the resignation tendered by the Petitioner was accepted as per Annexure-'J' on 9.5.2007 and he was relieved from duties with effect from 15.6.2007. Thereafter, this petition is filed for the aforementioned relief's.

(3.) As could be seen from Annexure-'R-1', the application of the Petitioner for voluntary retirement was not recommended by the concerned authority on the ground that he is the lone active Anesthetist in the hospital having nine more years of service left and he being in the Specialist Medical Branch, it is difficult to get the replacement. Annexure-'H' is the copy of the resignation letter. The Petitioner has not indicated anything in the resignation letter that he was resigning out of sheer frustration. The resignation letter is dated 15.3.2007. Prior to that date, the Petitioner had asked for permission to voluntarily retire, which was refused on 23.12.2006. According to the Petitioner, he suffered mental agony because of the rejection of his application for voluntary retirement. The said submission is fortified by the document at Annexure-'N' - Medical Certificate issued by Dr. Harish, the consultant Psychiatrist. It seems the Petitioner consulted the same doctor for his neurobehavioral problems.