LACHIBA CHANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) W.P (C) No. 27 (K) of 2016 and W.P (C) No. 124 (K) of 2016 having identical facts and the reliefs sought being the same are disposed by this common judgment and order.

(2.) The petitioner Nos. 1 and 2 in W.P (C) No. 124 (K) of 2015 were serving as Driver Grade-II and Handyman under the Nagaland State Mineral Development Corporation Ltd. (hereinafter referred to as "Corporation") and the petitioner in W.P (C) No. 27 (K) of 2016 was serving as Compressor Operator under the Corporation. While the petitioners in both the writ petition were serving as such, the Government of Nagaland, Finance Department (Budget Branch) issued an Office Memorandum dated 12-12-2005 offering Voluntary Retirement Scheme (hereinafter referred to as "VRS") in respect of employees of the State Public Sector Enterprises. The said offer for VRS was to remain in force up to 31-03-2007 unless extended by the Government for any further period. All the petitioners offered for the VRS sometime in the year 2007. The applications in respect of the petitioners for VRS in terms of the Office Memorandum dated 12-12-2005 was forwarded by the Corporation to the Government for taking necessary steps.

(3.) Thereafter, the Government conveyed its approval to allow the petitioners to go on voluntary retirement under the VRS with effect from 01-12-2009. One such approval is the approval letter dated 24-11-2009 (Annexure C-2 to W.P (C) No. 124 (K) of 2016) written by the Officer on Special Duty to the Government of Nagaland, Department of Geology and Mining and addressed to the Managing Director of the Corporation. Further, by another communication dated 24-10-2011, the Deputy Secretary to the Government of Nagaland, Geology and Mining Department wrote to the Managing Director of the Corporation stating that the VRS cannot be allowed to implement without definite purpose or objective as it amounts to giving undue favours to the employees. It was further stated that if the Corporation has excess drivers then the petitioner No.1 can be transferred to the Secretariat Transport Pool where there is shortage of drivers. The petitioner No. 2 may also be transferred to the Secretariat Transport Pool including the petitioner in W.P (C) No. 27 (K) of 2016.