SOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is working as a Clerk in the Punjab State Co-operative Handloom Federation Limited (hereinafter to be referred as, 'WEAVCO'). It is his grievance that even though a Voluntary Retirement Scheme was notified by the Government of Punjab on 24.2.2003 and which was to remain in operation for a period of six months from the date of notification, yet his employer WEAVCO is pressurising him to give an option under the said scheme and seek voluntary retirement. He submits that he cannot be forced to seek voluntary retirement and he should be permitted to continue till he attains the age of superannuation.

(2.) A reading of the pleadings in this writ petition, the annexures attached thereto and particularly a letter dated 8.9.2006 written by the Managing Director WEAVCO, Chandigarh would show that the petitioner's name was coming in the list of surplus employees of the Federation. It was therefore that he was being asked to opt under the Voluntary Retirement Scheme. The petitioner was also intimated that in case he does not opt for the voluntary retirement, he could not be forced to do so but would make himself liable for action by way of retrenchment/pre-mature retirement. The letter dated 8.9.2006 as reproduced by the petitioner reads as hereunder:-

(3.) The learned counsel then submits that the petitioner has a big family to maintain and other liabilities. He should therefore be permitted to continue to serve till he superannuates. We find this grievance of the petitioner to be premature. So far no order adverse to the petitioner has been passed. In case there is any adverse order, it will be open to the petitioner to avail appropriate legal remedy.