IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9428 of 2007 Jethu Sao, Son of Late Mannu Sao, resident of Village- Ghoswari (near Ghoswari P.S.), P.S. Ghoswari, Mokama, District-Patna -------------------------------- Petitioner Versus 1.The Union of India through the Secretary, Dept. of Industry, Govt. of India, at – Secretariat, New Delhi. 2.The General Manager, National Textile Corporation, ( West Bengal, Assam, Bihar and Orissa) Limited , A Govt. of India Undertaking, 7 Jawaharlal Nehru Road, Calcutta-700 013. 3.The Manager ( Administration), A Unit of Bihar Co-operative Weaver’s Spinning Mills, Mokama, District-Patna 4.The Production Manager, A Unit of Bihar Co-operative Weaver’s Spinning Mills, Mokama, District-Patna 5.The Assistant Manager ( HRD), a Unit of Bihar Co-operative Weaver’s Spinning Mills, Mokama, District-Patna 6.The Assistant Manager (Accounts), a Unit of Bihar Co-operative Weaver’s Spinning Mills, Mokama, District-Patna ------------------------------------ Respondents. ----------- 02 01-07-2011 Heard Sri Dr. Shishi S.Kishore, learned counsel for the petitioner and Sri K.N. Gupta, learned counsel appearing on behalf of Respondent. In the writ petition, the petitioner has prayed for directing the Respondents to pay retiral benefit with other consequential relief. It has been pleaded that the petitioner was forced to take V.R.S. on 15.07.2005. The petitioner was an employee in the Spinning Mills, Mokama, under Govt. of India. The petitioner opted for V.R.S. on 15.7.2005 and thereafter he was granted compensation. A plea has been taken that by force his V.R.S. was obtained. Sri K.N.Gupta, learned counsel appearing on behalf of the Respondents submits that in the entire writ petition nothing has been brought on record to corroborate the allegation of using force to take V.R.S of the petitioner. On the contrary, it was submitted that under the 2 scheme of V.R.S. the petitioner himself had opted and thereafter he was granted compensation. In paragraph-8 of the counter affidavit, a categorical statement has been made that the petitioner was paid compensation amount vide cheque no.931482 dated 29.8.2005 for the amount of Rs.3, 34,057.00. Gratuity amount was also paid. After receipt of the cheque, the petitioner encashed the same and subsequently the present writ petition was filed without any basis to establish the allegation of force retirement. It appears from the record that due to acute of financial crunch and over burden of the employees, a scheme voluntary retirement was offered to the employees in the National Textile Corporation and under the scheme offered by the Corporation, the petitioner accepted the same and he opted for voluntary retirement on 15.7.2005. In view of the facts and circumstances, as enumerated in the counter affidavit, the Court is of the opinion that no relief can be granted to the writ petitioner. The writ petition stands dismissed. NKS/- ( Rakesh Kumar, J. )