AJIT KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner, in this Writ Petition, challenges the relieve Order Dated 31st July, 2002 passed by the Chairman -cum -Managing Director, Orissa State Road Transport Corporation, Bhubaneswar, Opposite Party No. 2, violating the terms and conditions of the guidelines stipulated for implementation of Voluntary Retirement Scheme (hereinafter referred as 'the VRS') for the employees of public sector undertakings.

(2.) THE facts, as narrated in the record, are as follows; The Petitioner was working as Accounts Clerk in the Orissa State Road Transport Corporation Head Office at Bhubaneswar. While continuing as such, he was put under suspension in the year 2001. Thereafter, on being reinstated on 29.5.2002, he joined on 11.6.2002. Pending enquiry, charges were framed on 21.2.2002 which was received by the Petitioner on 11.3.2002.

(3.) THE Petitioner has further stated that he was not eligible to avail the benefits of voluntary retirement as he was under suspension and a departmental proceeding was pending against him. Since the authorities did not communicate anything to the Petitioner regarding acceptance of his VRS application within thirty days from the date of submission of such application, it was presumed that his application was rejected because Opposite Party No. 2 had communicated to different employees regarding acceptance of their VRS applications who have applied for, under the said Scheme. The Petitioner was reinstated and posted at Zonal Office, Jeypore in the district of Koraput on 11.6.2002. While continuing in the said station, all of a sudden, without assigning any reason, Opposite Party No. 2 relieved the Petitioner from service on 31.7.2002.