LALIT KUMAR DALUA Vs. GOVT OF ORISSA

JUDGEMENT

(1.) The petitioner, by means of this writ petition, seeks to quash the order dated 07.05.2005 passed by the Managing Director, Orissa State Handloom Development Corporation Limited-opposite party no.4 in Annexure-11, by which the representation of the petitioner dated 21.10.2003, for shifting of cutoff date from 31.12.2001 to 04.08.2003 to avail benefits under Voluntary Separation Scheme (VSS), has been rejected.

(2.) The factual matrix of the case, in hand, is that Orissa State Handloom Development Corporation, a Government of Orissa undertaking, is controlled by Textiles and Handloom Department of Government of Orissa. The Board of Directors has been constituted as per the Memorandum and Articles of Association of the Corporation. Due to mismanagement and lack of endeavour, the Corporation in question could not earn profit for its improvement. The Corporation decided to adopt a scheme for its employees for voluntary relinquishment of their services in lieu of compensation to be paid under the said scheme and other service benefits that would be accrued to them. Accordingly, the Corporation issued notices to the employees to relinquish their services by submitting application voluntarily accepting the scheme, namely, "Voluntary Separation Scheme" introduced by the Government of Orissa in Textiles and Handloom Department, pursuant to which the petitioner applied for the same on 12.11.2001, which was duly acknowledged by opposite party no.4 on 29.11.2001. But the benefit was not extended to him and consequentially, the petitioner filed representation on 12.04.2002 for early release of the dues. The Corporation, vide letter dated 01.05.2002, intimated the petitioner that the High Court of Orissa in Misc. Case No.15296 of 2001 (arising out of OJC No.14611 of 1997) directed the Management not to give effect to the notice dated 01.11.2001 inviting applications for VSS. The Corporation was unable to process the VSS application and the same was to be recommended only after final order is passed in the said writ petition. Consequentially, the petitioner had to discharge his normal duties till acceptance of the VSS application submitted by him under the Scheme. Thereby, the Corporation neither accepted the VSS application of the petitioner nor relieved him from the services on the plea that the matter is pending before the High Court of Orissa. Finally, the VSS application was accepted by the Corporation on 04.08.2003 with effect from the date he had submitted his application on 12.11.2001, after disposal of OJC 14611 of 1997, vide order dated 25.09.2002. Therefore, the petitioner claimed the benefit for the period from 31.12.2001 to 04.08.2003, which was rejected by opposite party no.4, vide communication dated 07.05.2005. Hence this writ application.

(3.) Mr. Sidharth Mishra, learned counsel for the petitioner contended that the order dated 07.05.2005 in Annexure-11 has been passed without assigning any reason, therefore, the same cannot sustain in the eye of law. As such, the petitioner is entitled to get the benefit of VSS for the period from 31.12.2001 to 04.08.2003, which has been illegally rejected by opposite party no.4. It is further contended that in view of order dated 17.03.2005 passed by this Court in W.P.(C) No.8359 of 2003, an order accepting the voluntary retirement cannot be given effect to retrospectively. Therefore, if the order accepting VSS application was passed on 04.08.2003 and the petitioner has discharged his duty till that date, he is entitled to get the benefits for the period from 31.12.2001 to 04.08.2003.