(1.) IN the instant writ application, the petitioner has inter alia prayed for issuance of writ in the nature of mandamus commanding respondents to consider the case of petitioner for granting benefit of the Female Voluntary Retirement Scheme extended to family workers working in the Company by providing employment/appointment to her dependent/son, if she has not attained the age of 50 on the date of application under the said scheme and to forthwith consider the case of the present petitioner under the Female Voluntarily Retirement Scheme, 2003, in view of the fact that at the relevant time as she was within the prescribed age and also for further direction upon the respondents to immediately provide employment/appointment to her, son - Kanhai Ravidas, under the said Scheme.
(2.) SANS details, facts emanating from the writ petition, in a nutshell is that the petitioner being a general Mazdoor under Mandman Colliery of M/s. Eastern Coalfields Ltd. applied for voluntary retirement under the Female Voluntary Retirement Scheme (in short "F.V.R.S.") in the year 2003, when she was 47 years of age, vide Annexure 1 to the writ application and the said application was forwarded to the then Deputy Chief, Mugma Area vide letter dated 14.02.2003 as evident from Annexure 3 but for the reasons best known to the respondents, the application submitted by the petitioner failed to evoke any response and the respondents maintained a stony silence in considering the application of the petitioner. By efflux of time, new Female Voluntary Retirement Scheme, 2014 has been introduced, vide Annexure 4 of writ petition. Being dissatisfied with the inaction on the part of the respondents, the petitioner agitated her cause through President, Bihar Pradesh Colliery Mazdoor Congress before the Hon'ble Minister of Coal vide Annexure 5 to the writ application. In pursuance thereof, the representation of the petitioner was forwarded to Chairman vide letter dated 30.11.2012 (Annexure 6) for appropriate action, but no action has been taken. Left with no alternative, efficacious and speedy remedy under article 226 of the Constitution of India, invoking extraordinary jurisdiction, the petitioner has approached this Court for redressal of her grievances.
(3.) IN response to the counter affidavit filed by respondent Nos. 8 to 10, the petitioner has filed the rejoinder to the counter affidavit reiterating the stand taken in the writ application, more particularly, laying emphasis on Annexure D to the counter affidavit, which is a list prepared by Personnel Manager, Mandman Colliery of applicants under VRS (Female) and forwarded to the Dy. Chief Personnel Manager, Mugma Area, wherein the name of the petitioner appears at serial No. 7.