High Court Punjab-Haryana High Court

Ashwani Kumar vs The National Textile Corporation … on 7 July, 2008

Punjab-Haryana High Court
Ashwani Kumar vs The National Textile Corporation … on 7 July, 2008
CWP No. 14623 of 2005                                    (1)

`     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                                     Date of Decision: 7.7.2008


Ashwani Kumar                                     ......Petitioner

           Versus
The National Textile Corporation Ltd. and others

                                                  .....Respondents


Coram:        HON'BLE MR. JUSTICE HEMANT GUPTA
              HON'BLE MR. JUSTICE MOHINDER PAL


Present:      Shri Vikas Singh, Advocate, for the petitioner.

              Shri H.N. Mehtani, Advocate, for the respondents.


1. Whether Reporters of local papers may be allowed to see the
   judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


HEMANT GUPTA, J.

The challenge in the present writ petition is to the

communication dated 1.4.2005 (Annexure P.6), whereby, the

representation of the petitioner for adjustment in the

alternative post with the respondent-Corporation was

declined.

The petitioner while working with the Panipat

Woolen Mills, respondent No.3, was promoted as Supervisor

on 11.12.1987. On 21.11.2003, a circular was issued and the

employees, such as the petitioners were given option to seek

voluntary retirement. The offer of the petitioner to seek

voluntary retirement was received on 20.12.2003 and in

pursuance of such communication, the petitioner was ordered

to be retired voluntarily vide order dated 19.2.2004 (Annexure

P.2) with effect from 21.2.2004 (afternoon). In the request for
CWP No. 14623 of 2005 (2)

voluntary retirement (Annexure P.1), the petitioner has sought

voluntary retirement and also undertaken not to withdraw the

resignation tendered by him. However, he also requested to

adjust him in any other unit of the respondent-Corporation.

The petitioner was retired in terms of his offer, but

was not adjusted against the alternative post, therefore, the

petitioner filed Civil Writ Petition No.1975 of 2005. The said

writ petition was dismissed vide order dated 4.2.2005, but a

direction was issued to the Corporation to decide the

representation of the petitioner for adjustment. In pursuance

of such direction, order Annexure P.6 dated 1.4.2005, has

been passed to the effect that there is no suitable vacancy in

any of the units of the Corporation, against which the

petitioner’s request for adjustment could be considered.

Thereafter, the petitioner submitted a detailed representation

(Annexure P.7), pointing out that a number of employees have

been adjusted in the other units of the Corporation. Therefore,

it was alleged that the non-adjustment of the petitioner is

arbitrary and illegal. Aggrieved against his non-adjustment

against the alternative vacancies alleged to be available with

the Corporation, the petitioner has now invoked the writ

jurisdiction of this Court.

In reply, it has been pointed out that the

petitioner retired on the basis of modified retirement scheme

from the service of Panipat Woolen Mills Ltd. It is pointed out

that the Panipat Woolen Mills, where the petitioner was

employed, has been permanently closed as per the scheme

sanctioned by the Board of Industrial and Financial

Reconstruction. It was pointed out that on 21.11.2003 a

circular was issued to the effect that the respondent-Mills was
CWP No. 14623 of 2005 (3)

going to be closed and accordingly, applications were invited

from the employees for seeking voluntary retirement. It is

pointed out that since the petitioner sought voluntarily

retirement under the modified Voluntary Retirement Scheme,

therefore, the request of the petitioner for transfer to the other

units is without any substance and that there is no suitable

vacancy for the petitioner in any of the Units of the

respondent-Corporation against which he could be adjusted. It

is also pointed out that the petitioner was relieved from the

respondent-Mills on 21.2.2004, but the petitioner has not

come to the Mills to collect the relieving order. It was also

pointed out that some persons have been adjusted against the

alternative posts, but no suitable post is available for

adjustment of the petitioner in any of the units of the

respondent-Corporation.

The challenge to the voluntary retirement of the

petitioner has attained finality with the dismissal of Civil Writ

Petition No. 1975 of 2005, vide order dated 4.2.2005. This

Court has directed the Corporation to decide his

representation for adjustment in some other unit. It is the

categorical stand of the respondent-Corporation that there is

no suitable vacancy against which the petitioner could be

adjusted. In fact, Shri Mehtani, learned counsel appearing for

the respondent-Corporation, during the course of arguments

has stated that in Delhi, Punjab and Rajasthan Regions of

National Textile Corporation Ltd. (i.e. Respondent No.1), only

one unit is working and all other units have since been closed.

Therefore, there is no post against which the petitioner can be

adjusted.

The direction to consider adjustment against the
CWP No. 14623 of 2005 (4)

available post is only a concession. Once, the request of the

petitioner for voluntary retirement has been accepted, the

petitioner has no right to seek adjustment in other units of the

Corporation. Merely because some other employees have been

adjusted, does not confer any cause of action on the petitioner

for adjustment as the adjustment has to be made keeping in

view the suitability of a candidate and availability of the

vacancy. There is nothing on record, wherefrom it could be

inferred that the decision of the respondents that no suitable

post is available, is illegal or arbitrary, which may warrant

interference by this Court.

In view of the above, no case for interference is

made out. Hence, the present writ petition is dismissed.

(HEMANT GUPTA)
JUDGE

(MOHINDER PAL)
JUDGE
07-07-2008
ds