SUSHILA KUMARI Vs. BHARAT COOKING COAL LTD

JUDGEMENT

(1.) THIS writ petition has been preferred for issuance of an appropriate writ, order or direction for the following reliefs:

(2.) THE facts, in brief, as set out as under: The son of petitioner No. 1, initially preferred a writ petition W.P.(S) No. 4230 of 2003. However, the same was dismissed as not maintainable with a direction to respondent authority to dispose of the application of. Voluntary retirement given by the mother of the petitioner therein. In compliance to the aforesaid, an order was passed on 6.2.2004 rejecting the application on the ground that less than five years were left before superannuation and thus, as per the Scheme offer of V.R.S. could not be accepted. The aforesaid impugned order dated 6.2.2004 has been challenged in the present writ petition by the petitioner No. 1 seeking acceptance of voluntary retirement as well as appointment of petitioner No. 2 in her place as per scheme, who is the son of petitioner No. 1.

(3.) THE learned Counsel for the respondent namely Mr. Anoop Kumar Mehta in reply submits that VRS(F) Scheme, as per the settled law is subject to acceptance and communication of the acceptance to make it binding and enforceable under the Contract Act. He further submits that the net result remains that the offer was rejected.