LEELA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition challenging the legal validity of order dated 27-7-2005 passed by respondent No.3 whereby the application of the petitioner's husband for grant of benefits under the Voluntary Retirement Scheme which was accepted vide order dated 19-7-2005, has been withdrawn.

(2.) The facts, in brief, which have led to filing of the present petition are that the petitioner's husband was working in the respondent Corporation as bus conductor since 1985 at Chhindwara depot. In the year 2005, the respondents floated a Voluntary Retirement Scheme, which was known as "VRS 2005". Persons desirous of availing of the benefits under the scheme were required to file application alongwith the forms 'A' and 'B' attached with the scheme as per clause 4 of the VRS 2005. The petitioner's husband also applied for grant of VRS alongwith form 'A' and 'B' appended to the scheme specifically nominating the petitioner as his nominee for claiming the benefits in case of his death. The said application was accepted by the respondent authority vide order dated 19-7-2005.

(3.) It is contended by the learned counsel for the petitioner that the offer submitted by the employee under the VRS 2005 is an irrevocable one and is not permitted to be withdrawn as per clause 4 (iii). It is also submitted that as per the scheme itself the applicant is required to submit the name of his nominee who could be given benefit of the scheme on acceptance of the offer as prescribed in Form- Kha (B) which is compulsorily required to be filed alongwith the application in case of death of the applicant. In view of above, it is submitted that respondents were bound to pay the VRS benefits to the petitioner who had been nominated by her deceased husband in form Kha (B) alongwith his application and the said benefits could not be withdrawn by the impugned order.