JUDGMENT :

B.N. Mahapatra, J. - This Writ Petition has been filed challenging the order of the Orissa Administrative Tribunal (in short 'the Tribunal') dated 26.06.2008 passed in O.A. No. 31/2004 refusing to quash the Order Dated 04.12.2003 (Annexure-6) by which the Petitioner had been relieved from government service with effect from 04.12.2003 under the Voluntary Retirement Scheme (in short, 'VRS').

2. The facts & circumstances giving rise to the present Writ Petition are that the Petitioner who claims to be a permanent government servant joined service as a Peon on 19.10.1967. He was due to retire from service on 30.06.2009 after attaining the age of superannuation, i.e. at the age of sixty years. On 11.03.2003, while working as night-watcher under the Executive Engineer, M.I.I. Division, Berhampur (O.P. No. 3), he applied for voluntary retirement from government service in pursuance of the Government of Orissa Finance Department Resolution dated 27.01.2003 proposing to take voluntary retirement from 01.07.2003. On the very day, i.e., on 11.03.2003, O.P. No. 3 vide Annexure-3 communicated the Petitioner that his application filed under VRS for voluntary retirement from government