LAWS(GAU)-2009-2-48

GAGAN CH KALITA Vs. STATE OF ASSAM

Decided On February 25, 2009
Gagan Ch Kalita Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. R. K. Malakar, learned counsel appearing for the petitioners in all the 4 writ petitions. Also heard Mr. K. D. Singh, learned counsel representing the respondent Nos. 2 and 3. Also heard Mr. H. K. Barman, learned Govt. Advocate who appears for respondent No. 1.

(2.) THE petitioners, who were Grade IV employees under the Assam Government Marketing Corporation Ltd. (hereinafter referred to as 'the Corporation'), by filing these writ petitions challenge the office order dated 6. 4. 2005 (Annexure D) issued by the Managing Director of the Corporation, whereby 55 employees of the Corporation have been permitted to go on voluntary retirement with effect from 11. 4. 2005. The names of the 4 petitioners appeared in the said impugned memorandum at serial Nos. 26, 49, 50 and 51 respectively.

(3.) IT is also contended on behalf of the petitioners that even before the voluntary retirement order dated 6. 4. 2005 was officially served on the petitioners, all the 4 petitioners by writing to their employer on 7. 4. 2005, had withdrawn their request opting to go on voluntary retirement and accordingly the said impugned order passed on 6. 4. 2005 could not have been implemented by the authorities of the Corporation.