BHARAT BHUSHAN JHA Vs. U O I

JUDGEMENT

(1.) The petitioner, an employee of respondent No. 2, is aggrieved by the withdrawal of earlier acceptance of the petitioner's application under Voluntary Separation Scheme (VSS).

(2.) On 6.11.2000 the Government of India advised respondent No. 2 that it does not consider it feasible to attempt revival/rehabilitation of respondent No. 2 and have recommended its closure to the BIFR. It thus proposed to offer a VSS to all employees of respondent No. 2 broadly on the same terms as offered in the voluntary retirement scheme in operation. The VSS was to be kept open for three months with effect from the date of notification and the employees would have to opt for VSS within three months from the date of offer failing which they would be eligible only for retrenchment compensation under the provisions of ID Act/terms of appointment as may be applicable to them.

(3.) The Officers Association filed a CW No. 275/2001 in view of the proposed closure of respondent No. 2 and VSS scheme and in terms of the order dated 12.1.2001 the petitioners therein were permitted to exercise their option in terms of letter dated 6.11.2000 without prejudice to their rights and contentions in the writ petition. The petitioner who joined respondent No. 2 corporation on 18.10.1983, applied for the VSS on 6.2.2001. The application of the petitioner was accepted on 23.2.2001 and the petitioner was relieved from the corporation with effect from 28.2.2001. The letter was to the following effect: