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2011 Supreme(Ori) 442

L.MOHAPATRA, C.R.DASH
GANESWAR BISWAL – Appellant
Versus
STATE OF ORISSA – Respondent


JUDGMENT :

C.R. Dash, J. - The Petitioner was working as an N.M.R. in the establishment of Orissa Power Generation Corporation ('O.P.G.C' for short), a public sector undertaking under the Govt. of Orissa in Energy Department. The O.P.G.C. floated a Voluntary Retirement Scheme ('V.R.S.' for short) for the N.M.R. workmen working under it. The bone of contention between the Petitioner and the O.P.G.C. relates to the V.R.S. The stand of the O.P.G.C. is that the Petitioner having opted for voluntary retirement under the V.R.S. and having taken all the financial benefits admissible under the V.R.S., the Writ Petition is not maintainable. The Petitioner's stand is that he had no interest to take voluntary retirement, but he having been coerced to accept the offer of voluntary retirement under the V.R.S. and after he was relieved from service under the V.R.S., service of some of the N.M.Rs, similarly circumstanced with him having been regularized, action against him vide Annexure-3, the Notice offering V.R.S. to him and Annexure-4 the relieve order under the V.R.S. are violative of Articles 14 and 21 of the Constitution of India and the same are liable to be quashed.

2. It is not disputed th





































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