C.Vittobha Unemployed Sec.Bad v. Sponge Iron India Ltd Hydand2

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.23690 OF 2001 ORDER :

This Writ Petition is filed seeking a Writ of mandamus, directing the respondents herein to reinstate the petitioner into service forth with, by canceling the orders of Voluntary Retirement Scheme (VRS), issued by the respondents and setting aside the impugned acceptance of VRS order dated 20.02.2001. A consequential direction is also sought to reinstate the petitioner in the post of Supervisor which is equivalent to the post of Senior Accounts Assistant with all monetary benefits. 2.

Heard Smt. A.P.Lakshmi, counsel for the petitioner and Sri K.Raghava Charyulu, counsel for the respondents. 3.

It has been contended by the counsel for the petitioner that the respondents had forced the petitioner to accept the VRS and the amounts were paid in pursuance of the said scheme. It is further contended that the petitioner has received VRS benefits and he is representing the authorities about his willing to refund the amount and requesting them to reinstate him by canceling the impugned orders.

4.

Learned Counsel for the respondents contends that the petitioner, on his own, submitted an application under voluntary retirement scheme and the respondents had accepted the same and extended the full benefits as per the scheme and the petitioner has

accepted the same. Though the application of the petitioner has been accepted and the petitioner has voluntarily retired from service, he has come up with an application seeking to withdraw the application submitted by him and reinstate him into service. 5.

I have considered the rival submissions made by the parties. The law on this subject is very clear that when once the application of the petitioner for voluntary retirement has been accepted and the respondents have acted upon that application, voluntary retirement of the petitioner cannot be withdrawn. There are no merits in the case and accordingly the Writ Petition is dismissed. No order as to costs.

6.

As a sequel, the miscellaneous applications, if any pending, shall stand closed ________________________ ABHINAND KUMAR SHAVILI, J 15th December, 2017 JR