SUDARSAN BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONERS , who are employees under the Orissa State Co -operative Oil Seeds Growers' Federation Ltd. (in short 'the Federation'), have filed this writ application under Articles 226 and 227 of the Constitution of India with the prayer to issue appropriate writ by directing the opposite parties to not to implement the option for voluntary retirement made by the petitioners in view of withdrawal of the said option by the petitioners (on different dates as per the Annexure -3 series) on the ground that they went to continue in service and because by then the authority had not accepted their option for voluntary retirement and therefore Clause 3. 2 of the Circular (Annexure -2) is not applicable to them.

(2.) IT is not in dispute between the parties that petitioners are working as Field Superintendents in the Federation. It is also not in dispute that in view of the decision of the Government. Annexure -1 and the Circular of the Federation, Annexure -2, all the petitioners in time submitted their option for voluntary retirement but withdrew the same on different dates in September, 2000. Contention of the petitioners is that, in spite of withdrawal of the option by them the opposite party members are bent upon to implement Voluntary Retirement Scheme (in short 'V.R.S.') as against them. Petitioners' further case is that when they are prepared to swim or sink along with the Organisation (Federation) notwithstanding its bad financial condition, insistence of the opposite parties to give them voluntary retirement is against the interest of justice and breach of the service conditions.

(3.) IN the rejoinder only explanation has been given for conducting themselves in the manner alleged in the counter affidavit.