C V FRANCIS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The applicant is aggrieved against the order dated 22.05.2009 passed in W.P.(S) N. 4057 of 2004 by which the Appellant's writ petition challenging the order dated 11.10.1999 has been dismissed.

(3.) The brief facts of the case are that the Appellant was working as a Manager in the employment of the Respondent Bokaro Steel Ltd. and thereafter which became a unit of Steel Authority of India from 20.02.1998. A Voluntary Retirement Scheme was introduced as per order dated 20.02.1998 and Petitioner to take benefit under the scheme applied for voluntary retirement on 07.04.1998. The Appellant also submitted an application for Travelling Allowance on 06.04.1998. The said application for Travelling Allowance was rejected by the employer on 06.04.1998 on the ground that his voluntary retirement has not been accepted yet. According to the Appellant he sought his retirement from 30.04.1998 by moving the application referred above and the Appellant applied for leave from 30.04.1998 to 31.05.1998 and the said leave was duly sanctioned to the Appellant. According to the Appellant Petitioner he got appointment in the United States of America which required him to join immediately in the United States of America. Then Appellant again applied for Earned Leave from 01.06.1998 to 30.06.1998. However, instead of sanction of the said leave Appellant was served with the letter dated 26.06.1998 asking him to join the duties from 01.07.1998. Appellant did not join the duties and he again applied for Earned Leave from 01.07.1998 to 31.08.1998.