LAWS(GAU)-2006-9-104

OIL INDIA LTD Vs. GIRINDRA NATH GOGOI

Decided On September 13, 2006
OIL INDIA LTD Appellant
V/S
Girindra Nath Gogoi Respondents

JUDGEMENT

(1.) In challenge is the judgment and order dated 05.08.2002, passed in C.R. No. 3276 of 1997, directing the appellant OIL India Ltd. (hereinafter referred to as the 'OIL'), to accept the respondent's request for early retirement and release the consequential service benefits in terms of the rules applicable to him. Thereby, the disciplinary proceeding initiated against the respondent has also been quashed being unauthorized and impermissible. On appeal, by order dated 27.7.2004, the operation of the impugned judgment and order had been kept in abeyance. In the meantime, the respondent has attained his age of superannuation under the extant rules on 31.7.2002.

(2.) We have heard Mr. S.N. Sharma, senior advocate assisted by Mr. Y. S. Mannan, Advocate for the appellants and Mr. B.K. Bhattacharjee, Advocate for the respondents.

(3.) The admitted facts deserve a brief narration. The respondent, who was appointed as a Production Practise Trainee with the Assam OIL Company Ltd., was transferred to OIL in the same capacity on 1.1.1962. He was thereafter, promoted to the post of Assistant Executive Engineer in Executive Grade-A. With time, he rose in the ranks and on 22.06.1996, was promoted as Superintending Engineer (Production) under Executive Grade-D of the appellant company. In July, 1996, he requested for privilege leave from 5.8.1996 to 3.10.1996, which was granted by the appellant authorities. Before the expiry of the leave period, he sought extension thereof by 30 days, which was also sanctioned. On 26.10.1996, the respondent submitted an application in writing to the Deputy General Manager, HR, OIL intimating his intention to voluntarily retire from service with immediate effect. This was followed up by a request by him on 10.11.1996 for privilege leave with or without pay till the decision was taken on his request for voluntary retirement.