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Jharkhand High Court · body

2016 DIGILAW 1000 (JHR)

Sumitra Devi v. Coal India Ltd. , Kolkata, through its Chairman

2016-06-30

H.C.MISHRA

body2016
ORDER : 1. Heard the learned counsel for the petitioner and the learned counsel for the Eastern Coalfields Limited. 2. The petitioner has filed this writ application for a direction upon the respondent, Eastern Coalfields Limited, to give the benefits of the Female Voluntary Retirement Scheme, 2002, to the petitioner, thereby accepting the voluntary retirement of the petitioner and to give an employment to her son. 3. The scheme was floated by the Eastern Coalfields Limited on 7/12.11.2002 which is known as “Special Female Retirement Scheme” and has been brought on record as Annexure-2 to the writ application. According to the said scheme, the scheme was applicable only to regular/permanent female employees of the Company, as may be considered surplus to the requirement. The petitioner, being a permanent employee under the Eastern Coalfields Limited, also gave her application under the Special Female Retirement Scheme on 2.12.2012, which has been brought on record as Annexure-1 to the writ application. The petitioner has prayed for employment of her son at her place under the said scheme. 4. The petitioner claims that the case of her son was also scrutinized by the authorities, but he has not yet been employed. It is the further case of the petitioner that the said Special Female Retirement Scheme was extended up-to the year 2003, and again another scheme was framed in the year 2014. 5. Learned counsel for the petitioner has submitted that the case of the petitioner had been kept pending illegally and she has been deprived from the benefit of the said scheme. 6. Learned counsel for the Eastern Coalfields Limited, on the other hand, has opposed the prayer. The Eastern Coalfields Limited has also filed a counter affidavit, in which, the claim of the petitioner has been denied, stating that as per one of the requirements of scheme as contained in Annexure-2, the benefit was to be given only to those female employee, as may be considered surplus to the requirement, but the case of the petitioner was never treated to be surplus to the requirement. It is also stated that in fact, the benefit of the said scheme has not been given to any female employee of the Company and the petitioner has by now served the Company for her full tenure of service, and now she is going to superannuate, today being her last working day in the Company. It is also stated that in fact, the benefit of the said scheme has not been given to any female employee of the Company and the petitioner has by now served the Company for her full tenure of service, and now she is going to superannuate, today being her last working day in the Company. Learned counsel for the Eastern Coalfields Limited accordingly, opposed the prayer. 7. In the facts and circumstances of the case, I find that the petitioner had applied for the said scheme in the year 2002 itself, but she has filed this writ application in the year 2015, i.e., after an inordinate delay of more than eleven years, even though the scheme was not extended after the year 2003 itself. It is the specific case of the Eastern Coalfields Limited, and not denied by the petitioner, that the benefit of the said scheme was not given to any permanent female employee of the Company, and today is the last working day of the petitioner and she is going to superannuate from her service after serving the Company until attaining the age of retirement. As such, the benefit of Special Female Retirement Scheme, which was extended up-to the year 2003 only, cannot be given to the petitioner at this stage. 8. Accordingly, I do not find any merit in this writ application and the same is hereby, dismissed.