MOHAMMAD SHAFI GANAI Vs. STATE OF JK

JUDGEMENT

(1.) In all these three Writ petitions, being SWP Nos. 1198/2009; 204/2011; and 773/2012, the petitioners have assailed the validity of Order No. 193/JKSRTC/MD of 2008 dated 21st of October, 2008, issued by the Managing Director, JKSRTC, whereby the concerned unit Officers have been directed to notify/ inform the employees mentioned in Annexure to the said order to convey their acceptance of GHS, in writing within 10 days with a further intimation that in the event of their failure, they shall be dealt with under rules. That being so, similar questions of facts and the law are involved herein all these three Writ petitions, as such, same stand clubbed for their decision together. Accordingly, I propose to decide these petitions by virtue of this common judgment.

(2.) The material facts leading to the filing of these petitions, as come to limelight from the perusal of the pleadings on record, are that in the year 2007, the then Government of Jammu and Kashmir, taking note of the SWP Nos. 1198/2009; 204/2011; & 773/2012. accumulated losses incurred by various Public Sector Undertakings (PSUs), including the respondent-JKSRTC, their perpetual failure to clear statutory liabilities viz. monthly salary of workers, provident fund and gratuity claims of retired employees and total dependence on Government Budgetary support, severely affecting social development of the then State of Jammu and Kashmir, notified the Golden Handshake/ Voluntary Retirement Scheme vide Government Order No. 218-F of 2007 dated 16th of July, 2007. This scheme had its genesis from the report of the high-level Committee constituted for the purpose by the Government under the chairmanship of the Financial Commissioner (Home). Consequently, the Golden Handshake/ Voluntary Retirement Scheme is stated to have been adopted by the Board of Directors of the respondent Corporation in their meeting held on 24th of September, 2008 and circulated to all employees of the Corporation through their respective Unit Officers/ DODs for communication of their option. Since, as stated, some of the employees did not convey their option for the aforesaid Golden Handshake/ Voluntary Retirement Scheme, the Corporation issued order No. 193/JKSRTC/MD of 2008 dated 21st of October, 2008, thereby directing the Unit Officers to notify/ inform the employees, mentioned in the order itself, to convey their acceptance of the scheme in writing within 10 days, failing which they were supposed to be dealt with under rules. It is this order of the Corporation that has been assailed by the petitioners in all these three petitions.

(3.) Mr M. A. Qayoom, the learned counsel, representing the petitioners, submitted that the Golden Handshake Scheme/ Voluntary Retirement Scheme laid down certain conditions concerning the employees to be considered eligible for the said scheme from whom the consent was to be invited. It is submitted that, accordingly, the process involved identification of such employees whose consent was to be invited by issuing notices, however, the respondent Corporation, on pick and choose basis, issued notices even to those employees who were not eligible for Scheme in question. It is contended that the petitioners were not invited to give their consent either for voluntary retirement or Golden Handshake, as was provided in the Scheme itself, but they were unilaterally thrown out of service and that the consent, if any, given by any of the petitioners, as claimed by the respondents, has been obtained forcibly. Mr Qayoom further submitted that the introduction of the Voluntary Retirement Scheme/ Golden Handshake Scheme was aimed at winding up the Corporation and not throwing out the employees of the Corporation. It is also submitted that the petitioners are ready to return the exgra-tia amount received by them from the respondents, provided the petitioners are taken back in service and given all service benefits.