SUBHASH CHANDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN both the cases, as common question of law involved, common prayer has been made by the petitioners and the respondents being also common, they were heard together and are being disposed of by this common judgment.

(2.) THE petitioners of both the cases were in the services of the respondent Hindustan Steel Works Construction Ltd. (hereinafter referred to as the HSCL) posted at Bokaro Steel City, Bokaro. In pursuance of a revised Voluntary Retirement Scheme dated 21st March, 2003 (hereinafter referred to as the V.R. Scheme), they applied for voluntary retirement. Their applications for voluntary retirement were accepted by the HSCL on 25th April, 2003 w.e.f 31st May, 2003. After the order dated 25th April, 2003, but before the date of retirement, the petitioner changed their mind and applied for withdrawal of their applications for voluntary retirement, but they having not received any reply and having allowed to retire w.e.f 31st May, 2003, have preferred these writ petitions. Prayer has been made for issuance of a writ(s)/order(s)/direction(s), especially in the nature of mandamus commanding upon the respondents to allow them to withdraw their applications for voluntary retirement, preferred by them prior to the cut off date i.e., 31st May, 2003 and thereby to allow them to continue in the services of the HSCL. In WP(s) No. 2582 of 2003 the petitioner -Subhash Chandra Singh has further prayed to cancel his order of transfer made vide letter dated 17th April, 2003 and the releasing order dated 18th May, 2003 which compelled him to opt for voluntary retirement.

(3.) ACCORDING to the respondents, the applications of petitioners for voluntary retirement having accepted vide letter both dated 25th April, 2003, there was no occasion for the petitioners to apply, thereafter for withdrawal of applications for voluntary retirement.