IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 1808 of 2006(M) ------------------------------------- PETITIONER: ------------------- K.P.RADHAKRISHNAN, ENGINEER(PRODUCTION), STEEL INDUSTRIALS KERALA LTD., GENERAL ENGINEERING WORKS, THURAVOOR P.O, PIN- 688 532. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.S.P.BALAKRISHNA PILLAY, SRI.PETER JOSE CHRISTO. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. STEEL INDUSTRIALS KERALA LTD., ATHANI P.O. THRISSUR- 680 771, REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY GOVT. PLEADER SRI. NOBLE MATHEW, R2 BY SRI.B.S.KRISHNAN, SENIOR ADVOCATE, ADVS. SRI.K.ANAND, SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.1808/2006-M: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE CIRCULAR NO. HRD:COII/(40)/033 DT.D 29/01/2005 OF THE R.2. EXT.P.2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. DTD. 15/02/2005. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. DTD. 04/01/2006. RESPONDENT'S EXHIBIT:- EXT.R2.A: COPY OF THE GOVT. ORDER NO.G.O.(RT).NO.127/06/ID DTD. 31/01/2006. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.1808 of 2006 ---------------------------------------------- Dated this the 15th day of November, 2011 JUDGMENT The petitioner is an employee of the 2nd respondent Government company. The 2nd respondent issued Ext.P1 circular inviting applications for availing of the benefits of voluntary retirement scheme, which is Ext.P1 produced in the writ petition. The petitioner submitted Ext.P2 application dated 15.2.2005 for availing of the benefits of the voluntary retirement scheme. But, the petitioner and other employees apprehended that the applications are going to be accepted without granting the full benefits offered as per Ext.P1. Therefore, the petitioner submitted Ext.P3 application for withdrawing the application for availing of the benefits of voluntary retirement scheme. But, no orders have been passed on the same. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. declare that the petitioner is entitled to all VRS benefits contemplated in Ext.P1 without any alteration to his detriment, in the alternative, declare that the petitioner is W.P.(C)No.1808/06 2 entitled to continue in service till he attains the age of superannuation if the respondents propose to alter the terms of VRS contained in Ext.P1 to the detriment of the petitioner. ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to accept Ext.P2 by granting the petitioner the entire benefits of VRS as contained in Ext.P1. or in the alternative, to permit the petitioner to withdraw Ext.P8 and allow him to continue in service till he attains the age of superannuation. iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to pass expeditious orders on Ext.P3, within a time limit to be fixed by this Hon'ble Court.” It is submitted by the learned counsel for the 2nd respondent that, subsequently, the petitioner's Ext.P3 application to withdraw Ext.P2 application for availing of the benefits of voluntary retirement scheme has been accepted and he has been allowed to continue in service. In fact, by order dated 28.2.2006, this Court observed as follows: “Heard. In view of Ext.P3, petitioner's withdrawal application, the respondents cannot legally accept his VRS application. So, he shall be allowed to continue in service. Post the writ petition for hearing.” Insofar as the petitioner has been allowed to continue in W.P.(C)No.1808/06 3 service by accepting Ext.P3 request to withdraw the application for VRS, no further orders are necessary in this writ petition and accordingly, the same is closed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.1808/06 4