PERACHI R Vs. BHARAT HEAVY ELECTRICAL LIMITED

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of certiorarified mandamus calling for the records relating to the proceedings made in No.BP:PM:CE:VRS 2K1:83(1), dated 10/09/2001, passed by the first respondent and quash the same and direct the second respondent to continue to pay the monthly salary of the petitioner with all attendant benefits.

(2.) Heard Sri R.Govindaraj, learned counsel appearing for the petitioner and Sri B.T.Seshadri, learned counsel appearing for the respondents 1 and 2. With the consent of counsel on either side, the writ petition itself is taken up for final disposal as it was represented that the arguments in the writ petition as well as in the stay petition are one and the same.

(3.) According to the petitioner he joined the respondent establishment on 8/02/1978 and earned promotion also. The respondent is a wholly owned Central Government undertaking and it is amenable to writ jurisdiction of this Court as it falls within the scope of "other authority" under Article 12 of the Constitution of India. The respondents introduced "BHEL Voluntary Retirement Scheme, 2001" and called for applications from its employees who opt for voluntary retirement. The petitioner submitted an application for voluntary retirement on 2/08/2001 to be effected from September 24, 2001 under the said scheme. However, the petitioner has not submitted annexures as prescribed in the scheme. The petitioner submitted his application while in a confused state of mind due to family problems and ill-health.