SUPREME COURT OF INDIA
B.P. SINGH & ALTAMAS KABIR
A.P. Cooperative Oil Seeds Growers Federation Ltd. Hyderabad, Andhra Pradesh - PETITIONER
VERSUS
D. Achyuta Rao & Ors-RESPONDENT
Appeal (civil) 1391 of 2007
(Arising out of SLP) Nos.15912-13 OF 2004)
WITH
CIVIL APPEAL NOS 1392 2007
(Arising out of SLP) Nos.15926-15927 OF 2004)
A.P. Cooperative Oil Seeds Growers Federation - Appellants
Ltd. Hyderabad, Andhra Pradesh
Versus
M. Sheshagiri Rao & Ors.- Respondents
WITH
CIVIL APPEAL NOS 1393 2007
(Arising out of SLP) Nos.15923-15924 OF 2004)
A.P. Cooperative Oil Seeds Growers Federation - Appellants
Ltd. Hyderabad, Andhra Pradesh
Versus
Mohd. Anwar Ali & Ors.- Respondents
WITH
CIVIL APPEAL NO 1394 2007
(Arising out of SLP) No.15917 OF 2004)
A.P. Cooperative Oil Seeds Growers Federation - Appellants
Ltd. Hyderabad, Andhra Pradesh
Versus
Uppada Sudhakara Rao & Ors.- Respondents
WITH
CIVIL APPEAL NOS 1395 2007
(Arising out of SLP) Nos.15918-15919 OF 2004)
A.P. Cooperative Oil Seeds Growers Federation - Appellants
Ltd. Hyderabad, Andhra Pradesh
Versus
S. Sekhar Goud & Anr.- Respondents
WITH
CIVIL APPEAL NOS 1396 2007
(Arising out of SLP) Nos.15920-15921 OF 2004)
A.P. Cooperative Oil Seeds Growers Federation - Appellants
Ltd. Hyderabad, Andhra Pradesh
Versus
K.V. Nageswar Rao & Ors.- Respondents
WITH
CIVIL APPEAL NOS 1397 2007
(Arising out of SLP) Nos.17299-17306 OF 2004)
M. Ramesh & Ors.- Appellants
Versus
Mohd. Anwar Ali & Ors.- Respondents
AND
CIVIL APPEAL NOS 1398 2007
(Arising out of SLP) Nos.15046-15051 OF 2004)
A.P. Cooperative Oil Seeds Growers Federation - Appellants
Ltd. Hyderabad, Andhra Pradesh
Versus
M. Sheshagiri Rao & Ors.- Respondents
DECIDED ON : 15/03/2007
JUDGMENT
B.P. SINGH, J.
Special leave granted.
In this batch of appeals the common judgment and order of the High Court of Judicature of Andhra Pradesh at Hyderabad dated April 27, 2004 has been assailed. The High Court by its aforesaid common judgment and order allowed several writ appeals against which the appellant, A.P. Cooperative Oil Seeds Growers Federation Ltd. (hereinafter referred to as the Federation) has preferred appeals. The respondents whose writ appeals were allowed by the High Court are D. Achyuta Rao, Mohd. Anwar Ali, M. Seshagri Rao, K.V.N. Rao, Shekhar Goud and U.S. Rao. They shall hereinafter be referred to as the contesting respondents.
D. Achyuta Rao had preferred writ petition Nos. 9565 and 13985 of 2003 which were dismissed by the learned Single Judge but the writ appeals being Nos. 1786 and 1787 of 2003 were allowed by the High Court against which the Federation has preferred the appeals arising out of SLP ) Nos. 15912-15913 of 2004.
Mohd. Anwar Ali had preferred writ petition Nos. 9669 and 13941 of 2003 which were also dismissed by the learned Single Judge but the writ appeals preferred by him being Writ Appeal Nos. 1784 and 1785 of 2003 were allowed by the impugned common judgment and order of the High Court. The appeals arising out of SLP ) Nos. 15923 and 15924 of 2004 have been preferred by the Federation against the aforesaid judgment allowing the appeals of Mohd. Anwar Ali.
M. Seshagri Rao preferred writ petition Nos. 9671 and 13172 of 2003 which were also dismissed by the learned Single Judge but the writ appeals being Nos. 1791 and 1794 of 2003 preferred by him were allowed by the impugned common judgment and order of the High Court. The cross-objections had been preferred by the Federation which were dismissed by the High Court. The appeals arising out of SLP ) Nos. 15046 to 15051 of 2004 have been preferred by the Federation challenging the impugned judgment and order of the High Court allowing the writ appeals. The Federation has also filed appeals arising out of SLP) No. 15926 and 15927 of 2004 against the order dismissing its cross-
objections.
K.V.N. Rao had preferred writ petition Nos. 9670 and 13163 of 2003 which were dismissed by the learned Single Judge. The appeals preferred being writ appeals being Nos. 1795 and 1792 of 2003 were allowed by the impugned common judgment and order of the High Court. The cross-objections preferred by the Federation were also dismissed. The appeals arising out of SLP ) Nos. 15920 to 15921 of 2004 have been preferred by the Federation against the impugned judgment and order of the High Court.
Shekhar Goud has preferred writ petition Nos. 10039 and 15270 of 2003 which were dismissed by the learned Single Judge. The writ appeals preferred by him being Nos. 1793 and 1796 of 2003 were allowed. The Federation has impugned the common judgment and order of the High Court in the appeals arising out of SLP ) Nos. 15918 and 15919 of 2004.
Lastly U.S. Rao has filed similar writ petitions being No. 9633 of 2003 which was dismissed by the learned Single Judge. The writ appeal preferred by him being No. 1801 of 2003 was allowed. The Federation has impugned the judgment and order of the High Court in the appeal arising out of SLP ) No. 15917 of 2004.
The questions that arise for consideration in these appeals relate to the Voluntary Retirement Scheme (hereinafter referred to as the VRS) offered by the Federation to its employees having regard to the reduced cadre strength. It is the case of the Federation that only those of the employees were retained who came within the cadre strength determined in accordance with the norms enunciated by the Federation and the remaining employees were offered the benefit of the VRS. The six contesting respondents in these appeals had challenged their inclusion in the list of surplus employees whose services were to be discontinued.
Initially a large number of writ petitions were filed but the factual position as it
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