1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the order dated 04.09.2009 passed by the respondent No.1 Hotel Corporation of India Ltd. thereby relieving the petitioner from his services under the VRS Scheme and order dated 14.09.2009 whereby the representation of the petitioner was rejected. The petitioner also seeks a declaration to declare the VRS Scheme of the respondent Corporation having become defunct or lapsed in absence of further disinvestment of the respondent’s assets of the remaining units.

2. A conspectus of facts of the case relevant for deciding the present petition are that the petitioner is employed as a Senior Sous Chef in the respondent Corporation and is presently posted at a Unit of the respondent No.1 known as Chef air Flight Catering Delhi at IGI Airport, New Delhi. Vide office order dated 08.07.2002, the respondent No.1 Corporation invited options from its employees to opt for voluntary retirement scheme and in response to the said scheme many employees of the respondent No.1 opted for their voluntary retirement, including the petitioner, who gave his option vide application dated 06.08.2002. Along with the said office order, the respondent No.1 also circulated the guidelines governing the said scheme. It will be relevant to reproduce the said office order and also some of the relevant terms and conditions of the scheme as under:-

“OFFICE ORDER

Options for accepting Voluntary Retirement Scheme are hereby invited from a employees of Centaur Hotel Delhi Airport including Chef air, Delhi, Chef air, Mumbai including Dining Facilities Centre and also the employees of Head Office who adopted for Centaur Hotel Delhi and Chef air, Mumbai, as the case may be. On acceptance of the Voluntary Retirement by the Company, the Scheme would be operative only in the eventuality of disinvestment on completion of the transaction of the respective business to which the employees belong. A copy of the Scheme is enclosed for perusal, information and sake of clarity. The employees are advised, if they are interested, that they may submit their applications in the prescribed format enclosed with the Scheme referred herein above latest by 7thAugust, 2002, which on receipt will be processed and details thereto would be provided to the prospective bidders with the list of employees whose Voluntary Retirement options have been accepted by the HCI and they would be accordingly asked to make upfront payment of the requisite amount. The upfront amount so received would be disbursed to the employees of the respective units on the date of transfer of business and simultaneously their claim for terminal benefits would also be processed and settled by the HCI itself. All HODS are advised to kingly bring out the contents of the above Office Order to the knowledge of each employee and may arrange to have their application collected so as to reach the undersigned on or before 7thAugust, 2002. “

“VOLUNTARY RETIREMENT SCHEME FOR INVITINGOPTIONS”

1. APPLICABILITY:

The Scheme sha apply to a regular executives and non-executives of Centaur Hotel, IGI Airport, Delhi including Chef air Flight Catering Delhi and Chef air Flight Catering Mumbai including Dining Facilities Centre, the employees of Head Office who had opted for Centaur Hotel Delhi/Chef air Flight Catering Mumbai as the case may be. It shall not apply to temporary casual, daily wagers/contractual employees and employees who are not on the permanent rolls.

1.1. This Scheme shall be made applicable only in the eventuality of disinvestment of Centaur Hotel Delhi and/or Chef air Flight Catering Mumbai on successful completion of transaction in respect of the business to which the employees belong.

6. TENURE:

6.1 The Scheme would be kept operative for a period of 30 days effective 9th July, 2002. The Management will convey their acceptance to the Voluntary Retirement Scheme application of the employee within 90 days of t