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Judgment
Learned AAG appearing on behalf of the respondents passes on a copy of the order passed by the respondents, J&K State Road Transport Corporation vide No. JKSRTC/Lit/Adm/Sgr/773 dated 23.07.2018, which is taken on record. As per the order, learned counsel for the respondents submits, that the order dated 24.07.2009 passed in CPSW No. 149/2008 in SWP No. 1506/2008 has been complied with.
Mr. F. A. Natnoo, learned AAG states at the Bar that pursuant to the aforesaid order, the amount payable to the petitioners has been disbursed.
In view of the submission made by the learned counsel for the respondents as also in view of the order dated 23.07.2018 passed by the respondents, nothing survives in this contempt petition and the same is, accordingly, closed.
SWP No. 1659/2008, IA Nos. 01/2018, 01/2015, 4420/2014
SWP No. 1506/2008, IA Nos. 2131/2008, 1070/2014
The petitioners claiming to be the employees of the J&K State Road Transport Corporation (hereinafter to be referred as the Corporation) are aggrieved of the communication dated 27.10.2008 by virtue of which the petitioners were called to convey their acceptance to the proposed Voluntary Retirement Scheme (VRS) within ten days. The petitioners challenged the said communication by way of a writ petition being SWP No. 1506/2008 on 04.11.2008, that is, before the expiry of ten days' period granted to the petitioners to convey the acceptance of their proposal. This Court vide its order dated 04.11.2008 directed maintenance of status quo. The petitioners are, thus, continuing in service in terms of interim directions issued by this Court in the writ petition.
The primary grievance projected by the petitioners in these petitions is that the Voluntary Retirement Scheme/Golden Handshake (VRS/GH) prepared by the Corporation cannot be unilaterally foisted on the petitioners and in the absence the acceptance conveyed by the petitioners, they could not be voluntarily retired as has been sought to be done by the respondents.
Respondents have filed their objections in which the stand taken is that vide Order No. 192/JKSRTC/MD of 2008 and order dated 193/JKSRTC/ND of 2008 issued on 21.10.2008, sanction was accorded to the retirement of the petitioners. In the order dated 21.10.2008 the respondents have explained the reasons for coming up with VRS/GHS. Financial crises in the Corporation is one of the reasons stated in the order.
It is apparent that as per the scheme, if any, launched by the Corporation for Voluntary Retirement, those persons who were unanimously volunteer to retire on receiving benefits indicated in the scheme alone could have been retired. However, in the instant cases as is pleaded by the petitioners and the same is not rebutted by the respondents, there was no acceptance of aforesaid proposal on behalf of the petitioners and were, thus, sought to be retired compulsorily. Such a course was not permissible under any rule of the Corporation and under the so called VRS framed by the Corporation. It is because of this reason and in the absence of such a rule in the Corporation, this Court came up for rescue of the petitioners and granted status quo and in compliance of the interim directions passed by this Court, the Corporation issued order No. JKSRTC/Pen-II/394 dated 04.10.2010 and directed the petitioners to resume their duties with immediate effect. Since the petitioners are continuing in the Corporation for the reasons stated above, the impugned communication seeking retirement of the petitioners voluntarily is therefore, held to be bad in the eyes of law.
In view of the above, these petitions are allowed and the impugned communications are quashed. Since the petitioners are already in service, they shall continue to do so as their presence is acknowledged in the record of the Corporation.
Disposed of.