WP No.16155/1997-Gist for the argument:

· In his counter affidavit the learned Joint Director Shri.S.Talukdar has revealed the Real intentions of the EIC under para-7 for formulating magnificent SVRS-1994-Reason stated: REDUCED WORK LOAD (meaning SURPLUS STAFF)

· EIC-A Statutory body & Governed by CCS Pension Rules-Instead of approaching NODAL DEPTS with SURPLUS LIST of employees or Redeployment PROPASALS cheated the employees by designing the Impugned SVRS-1994 deliberately suppressing the motives (by not incorporating them in the circular dt.21st.May1994). Also hurriedly implemented the ILLEGAL scheme (in violation of Article 77(3) of the constitution of India).

· As per the Govt. of India Allocation of Business rules & transaction of Business rules (1961) under Article 309 0f Constitution ONLY NODAL agencies like Dept. of Personnel & Training and Dept. of Pension & Pensioners Welfare were EMPOWERED to give necessary directives on service matters of employees. Hence SVRS-1994 is Ultra Vires.

· Though the scheme was claimed as VOLUNTARY, I was forced to submit the option Vide letter no: EIA: MS/Admn/gen/94-95/1134 dt.31.5.1994 even before clarifying the terms of the scheme.

· Also we were indirectly forced by delayed payment of salaries for two months especially after the release of circular dt.21.5.1994.Coupled with the tactics of the then Acting Director Shri.S.Lakshmikanthan who made 3 visits from Delhi to motivate the employees in an open office meeting conducted on 22nd.June 1994.

· I would not have opted this ILLEGAL SVRS-1994 provided the decisions of the Govt. as pointed out in the counters have been properly incorporated in the SVRS-1994 circular dated 21st.May 1994. Thus I have been deprived/kept in dark deliberately from opting Normal VRS under CCS pension rules.

· So I am prepared to REPAY SOCALLED INCENTIVES received by me to ACCEPT THE NORMAL VRS Pension under CCS pension rules.

· I pray the Hon’ble Court to end my long mental agony by suitable directives and restore the Justice.




M.VENKATESAN