K.S. RAINA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner started his career in respondent No.2- Company as an Assistant in the year 1969. He submitted application seeking voluntary retirement under Special Voluntary Scheme on 4th February, 2004. The request was accepted by the employer on 5th March, 2004 and he was permitted to retire with effect from 15th March, 2004. Respondent No.1 had issued notification dated 21st December, 2005 under Section 17A of the General Insurance Business (Nationalisation) Act, 1972 whereby the Scheme called as the General Insurance (Rationalisation of Pay Scales and other Conditions of service of Officers) second Amendment Scheme, 2005 was framed. The Scheme has come into force with effect from 1st August, 2002.

(2.) UNDER the Scheme the scales of the Officers working in the Company were revised. While implementing the Notification on 21st December, 2005 the category to which the petitioner belongs, i.e. who had sought voluntary retirement under 2004 Scheme was excluded except for limited relief. The petitioner had approached this Court for the following reliefs:-

(3.) MR . Ashwani Sharma has supported the Notification dated 21st December, 2005 and has strenuously argued that since the petitioner had sought voluntary retirement under Special Voluntary Retirement Scheme, 2004, he is precluded from challenging the vires of conditions enumerated in para 3 of the Scheme.