PRASANNA KUMAR PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Writ Petition has been filed challenging the order of the Orissa Administrative Tribunal (in short 'the Tribunal') dated 26.06.2008 passed in O.A. No. 31/2004 refusing to quash the Order Dated 04.12.2003 (Annexure -6) by which the Petitioner had been relieved from government service with effect from 04.12.2003 under the Voluntary Retirement Scheme (in short, 'VRS').

(2.) THE facts and circumstances giving rise to the present Writ Petition are that the Petitioner who claims to be a permanent government servant joined service as a Peon on 19.10.1967. He was due to retire from service on 30.06.2009 after attaining the age of superannuation, i.e. at the age of sixty years. On 11.03.2003, while working as night -watcher under the Executive Engineer, M.I.I. Division, Berhampur (O.P. No. 3), he applied for voluntary retirement from government service in pursuance of the Government of Orissa Finance Department Resolution dated 27.01.2003 proposing to take voluntary retirement from 01.07.2003. On the very day, i.e., on 11.03.2003, O.P. No. 3 vide Annexure -3 communicated the Petitioner that his application filed under VRS for voluntary retirement from government service with effect from 01.07.2003 had been accepted. On 10.06.2003, an application under Annexure -4 was made by the wife of the Petitioner to O.P No. 3 for cancellation of the application dated 11.3.2003 made by the Petitioner under VRS with copy to Chief Engineer M.I.(O), BBSR, Superintending Engineer, S.M.I. Circle, Berhampur and A.G., Orissa for information and necessary action. Opposite Party No. 3 vide Order Dated 30.06,2003 (Annexure -5) intimafSa' the Petitioner that his application for voluntary retirement from government service under VKS accepted by his Office Order No. 459 dated 11.03.2003 was cancelled and withdrawn and lie had been allowed to continue in government service as usual. Pursuant to the said order, the Petitioner without being retired from server with effect from 01.07.2003 continued in service and was paid his regular salary till he was relieved from service. On 04.12.2003, O.P. No. 3 vide his order (Annexure -6) relieved the Petitioner from government service with effect from 04.12.2003 forenoon. The Petitioner challenged the said Order Dated 4.12.2003 (Annexure 6) in O.A. No. 31/2004 before the Learned Tribunal with a prayer to quash Annexure -6, which was rejected by the Learned Tribunal and the O.A. was dismissed. Hence, this petition.

(3.) PER contra, Learned Addl. Government Advocate vehemently contended that application for voluntary retirement made under VRS once accepted and communicated to the employee concerned cannot be withdrawn. The Petitioner was allowed to continue in service under Annexure -5 till a final decision was taken by the Government. After careful consideration, the Government in Water Resources Department, Orissa, Bhubaneswar vide letter No. 41205 dated 01.12.2003 did not allow the Petitioner to withdraw his application made under VRS as the same had already been accepted and communicated to the Petitioner. Therefore, the present Writ Petition is liable to be dismissed.