ASOKE KUMAR CHANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ-petition has been filed inter alia not only questioning the order of rejection dtd. 6/8/2012 for grant of Voluntary Retirement Scheme (VRS) benefits but also for a direction upon the respondents to release VRS benefits in favour of the petitioner under the said Scheme along with an interest at the rate of 18% per annum.

(2.) The petitioner at the material point of time was working as an Assistant Manager (Administration) with the National Jute Manufacturers Corporation Limited (NJMC). According to the petitioner, since 2002 by reasons of financial crisis, NJMC could not pay the salaries for its staff on regular basis and the manufacturing process also came to a standstill. The NJMC was declared sick within the meaning of Sick Industrial Companies (Special Provisions) Act, 1985, sometimes in the year 2002 and later it was decided to prematurely retire the employees by introducing Voluntary Retirement Scheme. From time to time, several Voluntary Retirement Schemes were introduced by NJMC for the willing employees. Unfortunately all such V.R. Schemes were limited to clerical and office staff and were not extended to the Executives.

(3.) The petitioner, however, expressing his despair at the state of affairs by an application dtd. 28/7/2006, had claimed that despite the fact that the petitioner was expecting the VRS notice to be served on the Officers, the same having not been served, made a request for his immediate release from his assignment at NJMC. The said application was followed by a subsequent communication dtd. 28/8/2006 wherein it was, inter alia, claimed that his mother was extremely ill who was residing at Dinhata, Cooch Behar and required the petitioner's support. As such, he had requested the authorities to accede to his prayer and arrange to issue a formal order for acceptance of his premature retirement on VRS.