Sirpurkar, CJ. - (1.) This judgment shall dispose all three appeals they being FMA No. 1556 of 2000; FMA No.1560 of 2000 and MAT No. 293 of 2000. For the sake of convenience we shall deal with the facts in Appeal being FMA No. 1556 of 2000 All these appeals are at the instance of Steel Authority of India Limited (hereinafter referred to as SAIL) against the judgment of the learned Single Judge whereby the learned Single Judge has allowed three writ petitions filed by the respondents herein. He issued a writ of Mandamus directing SAIL to extend the benefit of the modified voluntary retirement scheme contained in Circular No. PERS(C/F)VR-98/ 1/Modi/262 dated 29th May, 1998 to the writ petitioners and also to take appropriate steps in respect thereof within two months from communication of the orders.
(2.) Some basic facts would be required to be stated for understanding the controversy.
(3.) All the respondents herein and the original writ petitioners were working with the SAIL in various capacities. By Circular No. P1-CF/VR/98/ 1 dated 16th February. 1998 a Voluntary Retirement Scheme was introduced for the regular employees like the original writ petitioners. This was to remain in effect from 1 st March, 1998 till 31 st March, 1998. As per the scheme the employees were invited to apply preferably a month before the date on which they intend to take voluntary retirement. Under the scheme the employees were to get certain benefits which are as under:- "4. Benefits underthe Scheme : 1. An employee whose offer for voluntary retirement is accepted(*4) will be entitled to the following benefits (*5). i) Monthly benefit-An amount equivalent to the specified percentage given below of Basic Pay (*) + D.A. on the date of voluntary retirement for a period of 10 years or till 58 years of age whichever is earlier. Age Percentage of Basic Pay+D.A. Above 55 years of age. 100% Above 52 years and upto 55 years of age. 90% 52 years of age and below 80% Basic pay includes personal pay/special pay which is counted as pay for all purpose. ii) Leave encashment forthe unavailed Earned Leave and Half pay leave encashment as per rules shall be calculated at the time of voluntary retirement and shall be divided into equal instalments and paid along with monthly benefit. iii) Total monthly benefit shall be the amount arrived as per (i) plus (ii). (iv) Provident Fund and Gratuity-As admissible under the respective rules.";