1 Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 15 OF 2005 IN WRIT PETITION NO. 840 OF 2003 D. N. Vidhate ... Appellant. (org.Respondent-1) V/s. 1.Hindustan Petroleum Corporation Ltd. & another. ... Respondents. --- Mr. S.S. Pakale for the Appellant. Mr. J.P. Cama with S.K. Talsania i/by Sanjay Udeshi & Co. for the Respondent. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: 23rd MARCH, 2010 P.C.: 1. After having argued the matter for some time, the learned counsel appearing for the Appellant submitted that on the date on which the Appellant was dismissed from service, he was entitled to get voluntary retirement under the Voluntary Retirement 2 Scheme. He, therefore, submitted that in case he applies to the Respondents for being granted voluntary retirement under the Scheme from the date of his dismissal, his employer should consider that application. 2. The learned counsel appearing for the Respondents submits that the Respondents are willing to consider that application if such application is made in accordance with law and he submits that the employer will be at liberty to reject the application, if the appellant is not found fit and eligible for the Voluntary Retirement Scheme. 3. In our opinion, however, in view of the facts and circumstances of the case and considering that the Appellant is a man with family, following order would meet the ends of justice. i. The Appeal is dismissed. However, in case the Appellant makes an application to his employer for being given benefits of the 3 Voluntary Retirement Scheme and if such a Scheme was in force at the relevant time, the employer shall consider that application in accordance with law and find out whether the benefit of the V.R.S. Scheme can be given to the Appellant from the date of his dismissal. ii. In the light of the above, the application of the appellant shall be considered in accordance with law and decided accordingly. However, it is directed that in case the Appellant is found otherwise illegible for the Scheme, his application shall not be rejected on the basis of the mis-conduct which is subject matter of this Appeal. 4. The Appeal is disposed of. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) .....