CHANDRA SHEKHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LOOKING to existing sickness in cooperative institutions mainly because of heavy establishment and over-sized staff in most of the cooperative institutions, the Government of rajasthan introduced a Scheme of creation of "state cooperative Renewal Fund for Providing Assistance to cooperative Institution for Pruning their Staff in order to increase their Profitability". By the scheme aforesaid, the government desired for restructuring the credit, marketing and processing cooperation for improving their viability in cooperative sectors. The task sought to be achieved required adjustment, renewal and assistance to the cooperative institutions. In this series, it was also decided to allow an opportunity for voluntary retirement to the existing employees of the cooperative sector, who completed 10 years of service or completed 40 years of age. The right to grant voluntary retirement to an employee was kept within discretion of the management of the cooperative society, however, for rejecting such request, it was obligatory for the management to record reasons in writing. The terms and conditions for seeking voluntary retirement under the scheme concerned reads as follows:

(2.) THE petitioner an Upper Division Clerk with the respondent society submitted an application on 23. 06. 1994 seeking voluntary retirement under the scheme aforesaid. No action was taken by the respondents for a pretty long time and ultimately by a communication dated 27. 2. 97, the General Manager, spinfed -Spinning Unit Gulabpura informed the petitioner that his case under Voluntary Retirement Scheme was not accepted by the appropriate authority. The contents of the letter dated 27. 02. 1997 reads as follows:

(3.) TO challenge the rejection of the request made for voluntary retirement, this petition for writ is preferred.