Honble PANWAR, J.–By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to treat him in service on the post of LPG Operator.

(2). The facts and circumstances giving rise to the instant writ petition are that the petitioner was an employee of the respondent Hindustan Petroleum Corporation (for short the Corporation hereinafter) working on the post of LPG Operator and was posted at LPG Plant at Kota of the respondent Corporation. A Voluntary Retirement Scheme (for short LRS" hereinafter) was floated by the respondents vide Annex.R-1 on 14.7.2004. The petitioner submitted an application to the respondent Corporation, seeking voluntary retirement, on 17.7.2004 under VRS with effect from 31.12.2004 vide Annex.1. The application filed by the petitioner seeking voluntary retirement under VRS was accepted by the respondent Corporation vide order Annex.R-2 dated 18.11.2004 and it was conveyed to the petitioner that consequent to the acceptance of his VRS application, the petitioner will be voluntarily retiring from the services of the Corporation w.e.f. close of business on 31.12.2004 and in order to facilitate settlement of final dues expeditiously, the blank forms to be filled and completed by him were also attached and sent to the petitioner and the petitioner was requested to fill the forms and submit the same at the earliest. The petitioner sent a communication dated 23.12.2004 Annex.2 to the respondents stating therein that on 23.7.2004 he applied for voluntary retirement under VRS and the same has been accepted, however, he has changed his mind and wants to continue in the service, and therefore, sought permission to allow him to remain in service. A communication was sent to the petitioner by the respondents vide Annex.R-3 dated 8.12.2004 informing him that he is a member of Superannuation Benefit Fund Scheme (for short the SBF Scheme hereinafter) and has opted for VRS scheme offered by HPCL. Consequent of his superannuation, he will cease to be a member of SBF scheme and he was apprised of the options available to him as per the Rules of the SBF scheme; (1) to receive refund of his contributions along with interest as per the rules. The amount is approximately Rs. 1,30,398.88 or (2) to receive 21.33% of his last drawn salary as monthly benefit on his attaining the age of 60 years i.e. his notional date of the retirement. The petitioner was to exercise one of the above two options. Vide Annex.R-4 dated 31.12.2004, in reference to Annex.R-3, the petitioner opted to receive refund of his contributions along with interest. Vide Annex.R-5 dated 23.2.2005 a sum of Rs. 1,32,769.93 was sent to the petitioner by cheque dated 31.1.2005 in view of the option exercised by him for SBF Scheme contribution which the petitioner has received. One Gold coin which was available to the retiring persons on superannuation weighing 25 grams, was also sent to the petitioner and the same was also received by him. Vide Annex.R-8 dated 07.3.2005, the respondents communicated to the petitioner that he has a credit balance of Rs. 5,95,760/- towards Gratuity & Ex Gratia against which a sum of Rs. 7,98,873.43 is recoverable from the petitioner on account of various loans and advances taken by him and after adjusting the payable sum from receivables, Rs. 2,03113.43 is balance for recovery. The petitioner was also informed that he has a credit balance of Rs. 4,13,127/- towards Co. Provident Fund which would be released to him only after receiving/ recovering the said unpaid amount and in case he is unable to deposit the amount sought to be recovered from him, he was asked to give authorization letter in the prescribed form to recover the amount from his PF balance. The petitioner neither consented for deducting the outstanding loan amount taken by him from the amount payable nor deposited the dues outstanding to him. The communication Annex.R-9 was also sent to the petitioner for the sa

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