IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 427 OF 2011 GOA -IDC STAFF WELFARE ASSOCIATION THROUGH ITS PRESIDENT, MR. UDAY M. REGE AND ANR., ... Petitioners Versus MR. UMESH VERENKAR, GENERAL MANAGER (ADMIN), GOA INDUSTRIAL DEVELOPMENT CORPN.,(GOA-IDC) AND 2 ORS., ... Respondents Mr. D. Lawande, Advocate for the petitioners. Mr. S. D. Padiyar, Advocate for respondent No.1. Mr. A. D. Bhobe, Advocate for respondent No.2. Mr. M. Salkar, Addl. Government Advocate for respondent No.3. Coram:- A. P. LAVANDE & SMT. R. P. SONDURBALDOTA, JJ. Date:- 22nd September, 2011 P.C.:- Heard Mr. Lawande for the Petitioners, Mr. Padiyar for respondent No.1, Mr. Bhobe for respondent No.2 and Mr. Salkar for respondent No.3. 2. By this petition, the petitioners have sought the following reliefs: " A) This Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of a Mandamus or any other Writ, Order or Direction thereby commanding the Respondent No.2 to forthwith dispense with the services of/retire the Respondent No.1 from its employment; B) This Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of a Mandamus or any other Writ, Order or Direction thereby directing the Respondent No.2 to recover the salaries illegally received by the Respondent No.1, along with allowances and all other benefits after having attained the age of superannuation i.e. since July 2008, personally from the Respondent No.1 or from the salary of the Managing Director/ Erring Officials of the Goa IDC who have allowed the Respondent No.1 to continue in service; C) This Hon'ble Court be pleased to direct the Respondent No.2 to declare the vacancy to the post of General Manager (Administration) and be pleased to further direct the Respondent No.2 to forthwith being the recruitment process for the said post; D) Pending the hearing and final disposal of the present Petition, this Hon'ble Court be pleased to issue an Order of Temporary Injunction: i. restraining the Respondent No.1 from continuing in service of the Respondent No.2 and/or receiving any salary and other benefits relating to his service; E) Ex-parte Ad-interim Reliefs in terms of Prayer-Clause (D) above, be granted; f) Costs of the present Petition be provided from the salary of the Respondent No.1 or the erring Officials of the Goa IDC; G) Such further and other Reliefs as the nature and circumstances of the case may require." 3. On 29th August, 2011, a statement was made on behalf of respondent No.1 that he had stopped attending the office and would not attend the office till the decision on voluntary retirement is taken by respondent No.2's Board. Mr. Bhobe appearing for respondent No.2 states that a decision by the Board of respondent No.2 shall be taken in the Board Meeting to be held in October/November, 2011. 4. Learned Counsel for respondent No.1 states that respondent No.1 will not attend the office hereinafter till the date of his retirement i.e. 31st October, 2011. He further submits that non-attendance at the office by respondent No.1 should not have any adverse effect either on his application for voluntary retirement or on the calculation of retirement benefits payable to him. 5. In view of the statements made on behalf of respondents No.1 and 2 and having regard to the reliefs prayed in the petition, this petition can be conveniently disposed of in terms of the following : ORDER (I) Respondent No.2 shall take a decision on the application for voluntary retirement made by respondent No.1, in the Board Meeting to be held in October/November, 2011. (II) Non-attendance at the office by respondent No.1 would not have any adverse effect either on his application for voluntary retirement or on the calculation of retirement benefits payable to him. (III) Respondent No.2 shall also take decision regarding recovery of the salary and other benefits received by respondent No.1 after July, 2007, by 30th November, 2011. (IV) Liberty to the Petitioners and respondent No.1 to avail of appropriate remedies after respondent No.2 takes decision in the Board Meeting to be held in October/November, 2011, if aggrieved by the decision of respondent No.2. The petition stands disposed of. A. P. LAVANDE, J. SMT. R. P. SONDURBALDOTA, J. ssm.