MD SIRAJ Vs. IRCON INTERNATIONAL LTD & OTHERS

JUDGEMENT

(1.) The petitioner, who was working as a Laboratory Assistant in the Office of the Ircon International Ltd., a Government of India undertaking, Ministry of Railways, has filed this application seeking to quash the order dated 10.07.1997 vide Annexure-7, accepting the voluntary resignation submitted by the petitioner and order dated 30.09.1997 vide Annexure-9 releasing the petitioner from service and further seeking for a direction to regularize his service with effect from the date the services of his juniors have been regularized pursuant to Annexure-11-B and Annexure-11-C, the Office Order Nos. 456/2003 and 483/2003 respectively.

(2.) The epitome of facts of the case, in hand, is that the petitioner entered into service on 26.03.1985 on daily rated basis as a Laboratory Assistant. He having continued as such till 21.10.1986, was granted ad hoc scale w.e.f. 21.10.1986. While he was posted at Bhubaneswar under opposite party no.2, he was communicated with orders dated 10.07.1997 and 30.09.1997 by which he was compelled to take voluntary retirement from service. The petitioner while posted at Mathura in the State of Uttar Pradesh, having faced a lot of harassment and humiliation submitted an application for voluntary retirement on 22.03.1996 in Annexure-1, which was not accepted by the opposite party no.1. In other words, the same was rejected vide order dated 09.04.1996 specifically indicating that the petitioner is not entitled to seek voluntary retirement as he has not completed 10 years of service to opt for voluntary resignation floated by opposite party no.1. On 24.11.1995, the opposite party no.1 floated another Voluntary Resignation Scheme in which it was specifically mentioned that ad hoc employees having 10 years or more service as on 31.10.1995 can seek for voluntary resignation by making a written request vide Annexure-3. Accordingly, the petitioner sought for voluntary resignation pursuant to the above scheme and requested for acceptance of the resignation latest by 31.10.1997 pursuant to his application dated 23.12.1996 in Annexure-4. As per the letter of the Advisor dated 19.06.1997, GM/HRM was intimated that the petitioner has complained that he has applied for voluntary resignation under Ircon's Voluntary Retirement Scheme on 23.12.1996 and his application was forwarded by Delhi-Mathura Project on 26.03.1997 to the Corporate Office. The petitioner expressed his keenness for taking advantage of the scheme and wanted to know whether his resignation is being considered and therefore he show law into the complained and advise him adjust . In response to the same, note has been given "the category of Laboratory Assistant is not covered under VRS Scheme. Hence the request of Mohd. Siraj for VRS could not been accepted".

(3.) Mr. R.K. Rath, learned Senior Counsel for the petitioner strenuously urged that the petitioner having communicated with the fact that he has not completed 10 years of service, his application for voluntary resignation has not been accepted vide Annexure-5, subsequent steps taken for acceptance of VRS reducing the eligibility period from 10 years to 5 years without any application therefor, the action of the authorities is arbitrary and unreasonable and therefore, he seeks for quashing of Annexures- 7 and 9. He further seeks for regularization of service as his name has been recommended vide Annexure-11-A by the committee constituted for regularization of service from the date the services of his juniors have been regularized pursuant to Annexure-11-B and Annexure-11-C, respectively. To substantiate his case, he has relied on The Manager, Govt. Branch Press and another V. D. B. Belliappa, 1979 AIR(SC) 429 and Om Prakash Goel V. The Himachal Pradesh Tourism Development Corporation Ltd., Shimla and another, 1991 AIR(SC) 1490.