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Madhya Pradesh High Court · body

2011 DIGILAW 758 (MP)

C. L. Onkar v. Food Corporation of India

2011-07-12

K.K.TRIVEDI

body2011
JUDGMENT : True it is that there is a scheme made permitting any employee of the Corporation to opt for voluntary retirement and it is also true that a condition is stipulated that once the application for voluntary retirement is made, the employee concern will not be allowed to withdraw the same. However, it is seen from the circular that a discretion is given to the respondents to consider the application for withdrawal of the application for voluntary retirement and in case, the respondents/authorities come to the conclusion that a person concerned may be allowed to withdraw his application for voluntary retirement, exercising the discretionary power that may be allowed. However, it cannot be said that if such discretionary power is vested in the Corporation, the petitioner was having a right to withdraw his application. In view of this, since particular Clause is incorporated in the scheme for voluntary retirement, restraining any employee to withdraw the application once made, the claim made in the present writ petition cannot be granted to the petitioner. However, it will be the liberty of the petitioner to challenge such a Clause separately if he so wishes.