LAWS(MPH)-2010-7-23

SANJAY VICTOR Vs. STATE OF M P

Decided On July 07, 2010
SANJAY VICTOR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This intra Court appeal has been directed against the order dated 6-2-2002 passed by Single Bench of this Court in W.P. No. 188 of 2002.

(2.) Brief facts, necessary for disposal of this appeal are that the Appellant was working on the post of Security Guard in M.P. Police Housing Corporation (for short, "the Corporation"). In pursuance to the Voluntary Retirement Scheme floated by the Corporation on the basis of a decision taken by the State Government to close down the Corporation, the Appellant submitted an application seeking voluntary retirement. In the said application he incorporated a condition that his application for voluntary retirement should be considered only in the event of closure of the Corporation and not in the event of amalgamation/re-organization or Transfer. The said application submitted by the Appellant was accepted by the Corporation vide order dated 28-11-2001 (Annexure P-7) w.e.f. 7-12-2001.

(3.) The case of the Appellant is that till the order dated 28-11-2001 and even till today, the Corporation has not been closed down by the State Government and in the circumstances, acceptance of his application for voluntary retirement was illegal. It is also his case that prior to his actual date of release from employment, which was 7-12-2001, as per the acceptance letter dated 28-11-2001 he had already submitted a letter dated 6-12-2001 (Annexure P-8) seeking withdrawal of his proposal of voluntary retirement and prayed for giving him an opportunity to serve. However, his prayer was not acceded to and he has been retired on the basis of the said order dated 28-11-2001 w.e.f. 7-12-2001. Feeling aggrieved the Appellant had filed a W.P. No. 188 of 2002 before this Court.