IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S.) NO. 6815 OF 2002
Mulia Devi ...PETITIONER
-V e r s u s-
1. M/s. Bharat Coking Coal Limited;
2. The Chairman - cum - Managing Director, M/s. Bharat Coking
Coal Limited.
3. The General Manager, Kusunda Colliery, BCCL
4. The Project Officer, Nayadih Kusunda Colliery, BCCL
... RESPONDENTS
...
Coram:- THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY.
For the Petitioner : Mr. S. Kumar, Advocate.
For BCCL : Mr. Ashutosh Anand, Advocate.
4/30.10.09
Heard the parties.
The grievance of the petitioner in this writ petition is that
though she applied for voluntary retirement under the Special
Voluntary Retirement Scheme for the female employees of Bharat
Coking Coal Limited for appointment of her son in her place,
but the matter was kept pending and ultimately the petitioner
superannuated from service in the year 2004 after completing age
of superannuation and thereby, her son could not be appointed.
From the facts stated in the writ petition it appears that
though the petitioner opted for voluntary retirement under the
Special Voluntary Retirement Scheme but she continued to work, up
to the age of superannuation i.e. 60 years and ultimately she retired
in the year 2004.
When the petitioner served the BCCL till attaining the
age of superannuation and therefore, question of voluntary
retirement under the aforementioned Scheme did not arise.
In this view of the matter under the aforesaid Scheme,
the petitioner is not entitled to get her son’s appointment in her
place. The Scheme could not be made applicable to the petitioner.
Considering the aforesaid facts, this writ petition is
dismissed.
RC/ (Amareshwar Sahay, J.)