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2001 DIGILAW 264 (KER)

Chidambaran Pillai v. Dy. General Manager

2001-05-30

K.A.ABDUL GAFOOR

body2001
Judgment :- K.A. Abdul Gafoor, J. Admittedly, petitioner is a member of the Watch and Ward Staff of a Nationalised Bank. Government of India announced Voluntary Retirement Scheme, which was incorporated as per Ext. P1. Members of Watch and Ward Staff are excluded from that scheme. It is discriminatory, the petitioner submits. 2. Voluntary Retirement Scheme, Ext. P1 is a part of the Man Power Management and Planning. In such circumstances, where ever such management is required, is a matter for the management to decide. Management thought that such planning and management of staff are required only for the permanent employees of the bank except those specifically mentioned under the head 'ineligible'. Eligible and ineligible are separately considered in clause 3 of Ext. P1. One among the category of ineligibles is 'watch and ward staff. When the Management announced the scheme excluding the Watch and Ward staff, it has to be noted that such man power management is not necessary in that sector. That cannot be subject to judicial review because it comes within the functions of the management. Even, without Ext. P1 scheme, there is other Voluntary Retirement Scheme, which the petitioner can opt for. Therefore, exclusion of Watch and Ward Staff from Ext. P1 is not discriminatory to offend any of the right guaranteed under Art.14 of the Constitution of India. O.P. fails, dismissed.