V. SIVARAMAKRISHNA Vs. HINDUSTAN AERONAUTICS LIMITED

JUDGEMENT

(1.) This writ petition is filed by a former senior officer of the Hindustan Aeronautics Ltd., a Government of India undertaking, seeking directions by way of Mandamus, declaring the action of respondents in not accepting his request for voluntary retirement under the scheme, as illegal, unjust, arbitrary and consequently direct the respondents to treat his resignation as retirement from service under voluntary retirement scheme, 2000 for all purposes and to settle the terminal benefits under the said scheme.

(2.) Facts in brief, which are necessary for the purpose of disposal of the writ petition, are as under:

(3.) It is the case of the petitioner that as he was eligible for voluntary retirement as per the aforesaid scheme as he completed 20 years and 3 months of service and was more than 40 years of age, he submitted an application on 06.04.2000 in the prescribed format through departmental head, seeking for voluntary retirement from service, requesting the respondents to relieve him by 31.05.2000. As the scheme was extended for a further period, he also sent another application on 27th August 2000, reiterating his request and requested the respondents to relieve him by 30th September 2000. It is the case of the petitioner that the respondents have neither accepted nor rejected his request, as such, he had no option except resigning from the post of Senior Manager (Computer Services), on 16.11.2000 and requested to relieve him by 05.01.2001. It is stated that as the respondents have not relieved him, he went on leave from 06.01.2001 to 15.01.2001 and reported to duty on 16.01.2001, and subsequently, his resignation was accepted from 20th January 2001, subject to payment for shortfall of notice period of 26 days.