CHANDRAKANTA TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who was working as Branch Manager (P.F.I & M) under the Tribal Development Cooperative Corporation Orissa Ltd. (TDCC for short) seeks to challenge the order dated 05.05.2008 under Annexure-7 recalling the order relieving him on retirement under the Voluntary Retirement Scheme w.e.f. 31.01.2008 pursuant to order dated 29.01.2008 under Annexure-3 accepting his offer to avail retirement benefits and also initiation of Disciplinary Proceeding framing a memorandum of charge dated 19.05.2008 under Annexure-9 and imposing punishment of compulsory retirement under

(2.) The epitome of facts of the case, in hand, is that the TDCC issued a Circular on 03.10.2007 in Annexure-1 inviting option from its employees to take retirement under V.R.S. As per the circular, the decision allowing voluntary retirement was to be taken by the State Government in Public Enterprise Department. Accordingly, the petitioner submitted his application for his retirement under V.R.S., vide Annexure-1 on 08.11.2007. His application was allowed, vide Annexure-3 w.e.f 31.01.2008. Accordingly, he was relieved from his duty on 31.01.2008 vide Annexure-4 and the very day he handed over detailed charges of his office as directed to one Sri B. Mishra under Annexure-5. In compliance to the order of the Corporation, the handing over and taking over charge was completed on the same day vide Annexure-6. Though the dues payable to the petitioner were received by the Corporation from the State Government in the P.E. Department vide cheque No. 9054474408 dated 04.04.2008, the same were not paid to the petitioner despite his request. The opposite party no.3 recalled the retirement order of the petitioner under V.R.S. under Annexure-3 unilaterally on 05.05.2008 under Annexure-7. Thereafter the petitioner made a representation to the MD, TDCC-opposite party no.3 on 19.05.2008 under Annexure-8 for payment of his dues under V.R.S. At this stage a memorandum of charges purported to be dated 24.06.2008 under Annexure-9 initiating a Disciplinary Proceeding was served on the petitioner.

(3.) The petitioner has filed this writ petition on 8.7.2008 challenging the order under Annexure-7 recalling the order of the Corporation allowing him to retire under V.R.S., along with Misc. Case Nos. 8781 of 2008 and 8782 of 2008 for issuance of direction to the Corporation to release his dues having retired under V.R.S. and to stay the Disciplinary Proceeding respectively. This Court issued notice to the opposite parties on admission by special messenger, vide order dated 22.8.2008 without passing any order in the Misc. Cases.