Judgment:
Writ Petition No.16409/2013 (S) 27/09/2013 Shri Ashok Kumar Gupta, learned counsel for the petitioneRs.Shri Rajesh Tiwari, Government Advocate, for the respondents.
It appears that the petitioners are claiming the similar benefits as were extended by the Division Bench of this Court at Gwalior in W.A.No.225/2007 (Devi Charan Jha and another versus The State of M.P.and otheRs.decided on 17.12.2008.
It is contended that appeal against the said decision was preferred before the Apex Court, but the SLP was dismissed.
The Division Bench of this Court has decided the appeal in the following manner :- “1.
Appellants are free to accept the Voluntary Retirement Scheme under the VRS Scheme of 2005.
2.
If any government department or its instrumentality is willing to take the appellants or any employee of the corporation on deputation, the corporation will issue no objection certificate in their favour as have been done in the case of other employees.
3.
So far as the question of absorption in the Government department is concerned, on advertisement on any vacant post by the Govt.
or by any instrumentalities of the Government, the appellants employees shall be free to apply for the post if eligible and if they are selected on merits, the Corporation shall have no objection, for their engagement on the aforesaid post and the acceptance of VRS2005will not come in their way and it will not be treated as any end of disqualification.
4.
Even after the acceptance of VRS2005 in case the corporation is revived or is not closed finally, the appellants shall have the right to seek employment in the Corporation on preferential basis.” As the claim of petitioners is identical to the claim of petitioners in Devi Charan Jha (supra).the writ petition is disposed of with the similar directions.
The order passed by the Division Bench in case of Devi Charan Jha (supra) would be applicable mutatus mutandis in the present case.
With the aforesaid, the writ petition stands disposed of.
(K.K.Trivedi) Judge shukla-