IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.17742 of 2005 Date of Decision:22.04.2008 Chander Jyoti .....Petitioner versus Punjab Tourism Development Corporation and another .....Respondents. CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA AND HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.R.N.Goyal, Advocate, for the petitioner. Mr.A.R.Takkar, Advocate, for respondent No.1. Mr.Salil Sagar, Senior Additional Advocate General,Punjab with Mr.Yatinder Sharma, Deputy Advocate General, Punjab, for respondent No.2. *** ASHUTOSH MOHUNTA, J.(Oral) This order shall dispose of C.W.P.No.17742 of 2005 and C.W.P.No.18076 of 2005. However, the facts are extracted from C.W.P.No.17742 of 2005. The petitioner was working as Assistant Manager in the Punjab Tourism Development Corporation (hereinafter referred to as the 'Corporation'). As this Corporation was incurring continuous losses for a number of years, hence, the Corporation has dis-invested and has become defunct. The Corporation offered a scheme of voluntary retirement to its employees. Out of 367 eligible employees, 360 employees have sought voluntary retirement. The petitioner is not one of the persons who have opted for voluntary retirement. C.W.P.No.17742 of 2005 --2-- The petitioner was declared surplus and was relieved from service. The petitioner was also paid one month's salary in view of notice period, gratuity and leave encashment amounting to Rs.2,41,020/- were also paid. However, the aforesaid cheque has been returned by the petitioner to the Corporation. Counsel for the petitioner submits that the petitioner be absorbed in some other Corporation or in any Department of the Government on humanitarian ground. Counsel for the respondents submit that as the Corporation is in the process of dis-investment and most of its assets have been sold or leased out to the private parties, therefore, the petitioner cannot be allowed to remain in service. He further submits that the petitioner may move an application to the appropriate authority for his absorption which shall be considered by the State Government sympathetically. After hearing learned counsel for the parties, we are of the considered view that as the Corporation is in the process of dis-investment and the petitioner has already been declared surplus and has been relieved from service, therefore, he has no legal enforceable right to remain in service. The petitioner is entitled to one month's salary in view of the notice period, gratuity and leave encashment, which shall be paid to him within a period of 15 days from today. The petitioner may also submit an application to the Government for his absorption, which shall consider it sympathetically and decision in this regard shall also be taken by the Government expeditiously. (ASHUTOSH MOHUNTA) JUDGE April 22, 2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE