Per SUNIL KUMAR SINHA, J.

1. The short question involved in this appeal is :

“Whether the Circular dated 02.09.2002 was applicable to the employees/members of the Petitioner-Sangh, who had opted for voluntary retirement (VR) under the Voluntary Retirement Scheme (VRS) dated 07.03.2001 and got their cases already finalized prior to 12.06.2002?”

2. The facts, briefly stated, are as under :

2.1. The employees/members of the Petitioner-Sangh were Wage Board employees. They were getting their pay as per Wage Board Scale. Cement Wage Board Settlement dated 14.08.2002, was applicable to them. They made applications for voluntary retirement as per “CCI Voluntary Retirement Scheme” dated 07.03.2001. This Scheme was prevailing at the relevant time, as the earlier Voluntary Retirement Scheme (VRS), 1992, was withdrawn with effect from 03.03.2001.

2.2. The Voluntary Retirement (VR) applications filed by the employees/members of the Petitioner-Sangh, were accepted by the appellants/respondents 2 and 3 in the Writ Petition and their cases were finalized before 06.11.2001 and appropriate benefits were released in their favour according to the said Scheme dated 07.03.2001. Thus, the employees were given respective benefits, which became due to them under the said Voluntary Retirement Scheme (VRS), 2001.

2.3. Thereafter, vide Circular dated 12.06.2002, the appellants again made an One-time Offer of Voluntary Retirement for the employees posted at non-operating units/ C.O., and the last date of submission of the applications was extended time to time up to 03.09.2002.

2.4. On 02.09.2002, the Corporate office of the appellants issued Circular No.PDR/7(5)/2002/6636, thereby, making provisions that 50% Adl. Ex-gratia shall be allowed to Wage Board Employees as to the employees in IDA Scales of pay, in case, they take voluntary retirement under the prevailing Scheme dated 12.06.2002. It was also clarified that other terms and conditions of One-time offer remains unaltered.

2.5. When the Circular dated 02.09.2002 came into the notice of the Petitioner-Sangh, Writ Petition No. 2126/2003 was filed by the Sangh in representative capacity of its employees, who had opted for Voluntary Retirement (VR), seeking relief that the authorities be directed to grant 50% Adl. ex-gratia payment as per Circular dated 02.09.2002. This Writ Petition has been allowed by the Writ Court. Hence, this appeal.

3. Mr. Deshmukh, leaned counsel appearing on behalf of the appellants, has argued that the Circular dated 02.09.2002, which is the main basis of the Writ Petition as also the impugned order, passed by the Writ Court on 31st of July, 2006, is not applicable to the cases of the employees, who had not opted for voluntary retirement (VR) as per One-time offer dated 12.06.2002. According to learned counsel for the appellants, the said Circular was with relation to One-time offer dated 12.06.2002, therefore, the learned Single Judge erred in law in holding that the said Circular was a part of the earlier Scheme dated 07.03.2001 and the employees, who had opted for voluntary retirement under the said Scheme, would also be benefited by the said Circular dated 02.09.2002.

4. On the other hand, Dr. N.K. Shukla, learned Senior Counsel appearing on behalf of respondent No.1, has opposed these arguments and supported the order passed by the Writ Court. He has argued that the said Circular dated 02.09.2002 was applicable with equal force to the employees, who had opted under Voluntary Retirement Scheme (VRS) dated 07.03.2001 even prior to 12.06.2002.

5. Mr. Vivek Shrivastava, learned Standing Counsel appearing on behalf of Union of India, has supported the contentions of Mr. Deshmukh.

6. We have heard counsel for the parties.

7. It is an admitted position that the earlier Voluntary Retirement Scheme (VRS), 1992 was not in force. It was substituted by the 'CCI Voluntary Retirement Scheme' dated 07.03.2001. The Scheme of 2001 was applicable with effect from 03.03.2001