J C SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner having been allowed to retire voluntarily under Voluntarily Retirement Scheme (hereinafter referred V.R.S.) on 21.5.1994 has sought a writ of mandamus commanding respondents to count his service from 27.5.1964 to 2.6.1973 and to give him 5 years weightage in calculating benefit of V.R.S. or in the alternative to let him continue in service and revoke his V.R.S.

(2.) THE facts in brief are that the petitioner was appointed as Technical Supervisor Grade III under Chief Inspectorate of Textile and Clothing, Government of India, Ministry of Defence on 7th May, 1964 (Annexure-1). THE appointment was temporary and on probation of 2 years. He was declared quasi permanent w.e.f. 1st July, 1967 under Rules 3 and 4 of the Civilians in Defence Service (Temporary Service) Rules, 1949. In 1973, Export Council of India (hereinafter referred to as the 'Council') advertised vacancy of technical officer. THE petitioner applied and after his selection, vide appointment letter dated 22nd September, 1973, he was appointed as technical officer in the pay scale of Rs. 300-600 in the Council. THE appointment was temporary and terminable without any notice. THE petitioner joined pursuant to the said appointment at Bhadohi and continued to work under the said Council. THE Council is an undertaking of Government of India and a subsidiary company of State Trading Corporation of India Limited. It is "State" within the meaning of Article 12 of the Constitution of India. In 1993, the Council took a decision to close down export inspection agencies and offered a golden handshake permitting V.R.S. to its employees vide scheme dated 21st May, 1994, (Annexure-4). THE petitioner submitted his option for accepting V.R.S. on 19th July, 1994, alongwith a representation that his service rendered as Technical Supervisor under Ministry of Defence, Chief Inspector of Textile and Clothing should be counted for the purpose of retiral benefits. Respondent No. 2, accepted his application for V.R.S. on 19th July, 1994, itself and he was relieved on 10 August, 1994. In the meantime he made various representations including dated 26.8.1998 and 27.6.1998 to respondent No. 2 to give benefit of the said period when he has worked in Government of India. THE petitioner also made a representation to the Director, Ministry of Defence and thereafter preferred this writ petition.

(3.) WE have heard learned counsel for the parties and perused the record.