P SUBBAN Vs. H T L LIMITED REP

JUDGEMENT

(1.) The petitioner has filed the writ petition for issuing writ of Certiorarified Mandamus to quash the order dated 13.1.98. Under the said order, the respondent had accepted the application of the petitioner for voluntary retirement.

(2.) The petitioner was employed under Hindustan Teleprinters Limited. A voluntary retirement scheme was introduced by the respondent on 5.11.1997 under which the employees who had completed 10 years of service or 40 years of age were eligible to seek voluntary retirement. The management had, however, reserved the right to either accept or reject the applications for voluntary retirement. The petitioner filed application dated 2.1.98 for voluntary retirement. However, a few days thereafter, he intimated the Union that he wanted to withdraw the application seeking for voluntary retirement and the matter was taken up by the Union on his behalf on 5.1.98. A formal letter dated 7.1.98 was also submitted by the petitioner before the respondent withdrawing the earlier application dated 2.1.98. However, on 13.1.98, without considering the letter regarding withdrawal of voluntary retirement, the application for voluntary retirement was accepted by the management and subsequently the petitioner was relieved from the services on 12.2.98. The said order has been challenged in the present writ petition.

(3.) The petitioner has contended that since the offer for voluntary retirement had been withdrawn by him prior to its acceptance by the management, subsequent order of the management was illegal and without jurisdiction.