R PERACHI Vs. BHARAT HEAVY ELECTRICALS LTD

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 10.9.2001 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 Mr.R.Govindaraj, learned counsel appearing for the petitioner and Mr.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.) ON 8.9.2001, the second respondent received a letter of withdrawal from the petitioner and that his application for voluntary retirement scheme be cancelled and he may be permitted to continue in service. Since the application was not submitted within 15 days the withdrawal was not considered and he was relieved with effect from 24.9.2001. The list of persons to be relieved under the Scheme was published on 24.9.2001. The competent authority has also approved the request. The petitioner's name finds place in the said notice. The respondent was not aware of the circumstances under which the VRS application was submitted. However, the petitioner was fully aware that VRS application cannot be withdrawn beyond 15 days of the submission and after 15 days he has no option to withdraw the option.