S G KADIA Vs. O N G C

JUDGEMENT

(1.) The petitioner, S.G. Kadia, (deceased) who was working as Ex.Engineer (Mechanical) with the respondent O.N.G.C., had preferred the present Special Civil Application under Article 226 of the Constitution of India for declaring sub-regulation (4) of Regulation 25 of Oil & Natural Gas Commission (Terms & Conditions of Appointment & Service) Regulations, as unconstitutional, arbitrary and unreasonable and also for quashing and setting aside the order dated 25.6.1993 and for a declaration that the petitioner continued in service as if the order of premature retirement was not passed. Alternatively the petitioner had also prayed for an appropriate direction directing the respondents to accept the notice for voluntary retirement dated 22.4.1993.

(2.) As the petitioner died during the pendency of the petition, his heirs and legal representations were brought on record as per order dated 18.7.1998 passed by this Court in Civil Application No. 12462 of 1997.

(3.) Originally, the petitioner, S.G. Kadia was serving as Engineer (Mechanical) with O.N.G.C. That according to the O.N.G.C., as he was not physically fit and was required to be declared as invalid he was sent for medical checkup before Medical Board and on the basis of the opinion given by the Medical Board he was required to be prematurely retired under the provisions of Oil & Natural Gas Commission (Terms and Conditions of Appointment and Service) Regulations [hereinafter referred to as "the Regulations") and therefore proceedings were initiated to prematurely retire him. However, before any final decision could be taken to prematurely retire the petitioner, the petitioner in the mean time submitted an application for voluntary resignation on 22.4.1993 and inspite of the said application and without considering the application for voluntary retirement, an order dated 25.6.1993 came to be passed by the respondents prematurely retiring the petitioner with effect from 30th September 1993 and the petitioner was not permitted to voluntarily retire, which has given rise to the present Special Civil Application.