JYOTI SINGH, J.

1. The present appeals have been filed by the Airports Authority of India (hereinafter referred to as ‘AAI’) seeking quashing and setting aside of the judgment dated 25.09.2013 passed by the learned Single Judge in W.P.(C) Nos. 6823/2012 & 6824/2012 whereby the learned Single Judge has allowed the writ petitions, holding that the respondents had validly withdrawn their respective applications, for voluntary retirement and has accordingly directed their reinstatement with 40% of the total monthly emoluments from 01.05.2009 till the passing of the judgment, along with costs of Rs.25,000/- in favour of the respondents.

2. The relevant and necessary facts for deciding the LPA No.882/2013 are as under :

(i) The respondent no.1 herein was appointed as a Wireman Helper with the AAI. He, thereafter, earned promotions and was working as an Assistant (Electrician) at IGI Airport on the date of his voluntary retirement.

(ii) AAI entered into a private partnership with a private entity DIAL under an Operation Management and Development Agreement (hereinafter referred to as ‘OMDA’) on 04.04.2006.

(iii) Anticipating a change in some service conditions, prejudicial to them, particularly with regard to the transfer and redeployment, the employees of AAI through the AAI Employees Union, filed a writ petition in this Court bearing W.P.(C) No. 8008/2008. A specific challenge was made to Clauses 6.1.4 and 6.1.7 of the OMDA amongst other grievances. The contention of the Union therein was that till 2004, the transfer policy stipulated that Group C & D Employees of the AAI could not be transferred ordinarily and, therefore, Regulation 7 of the Regulations 2003, whereby employees had an all India transfer liability, was adversely affecting the terms and conditions of service of the employees and therefore, such transfers should not be made.

(iv) While the said writ petition was pending, AAI issued a circular dated 09.03.2009, which was a comprehensive Scheme with respect to redeployment / transfer and Voluntary Retirement Scheme (hereinafter referred to as ‘VRS’). The said scheme in Para 2 provided that the employees could choose three Airports/ Establishments of their choice in order of priority for their posting / transfer outside Delhi. The necessity of redeployment / transfer arose due to the IGI and SCI Airports being handed over to Joint Venture Companies and the voluntary support period of three years having come to a close on 02.05.2009. However, for those who did not want to opt for redeployment or transfer to the other Airports, an alternative exit route was given in Para 3 of the Scheme to seek voluntary retirement. The last date to seek VRS was 30.04.2009. Paragraphs 1, 2 and 3 of the Scheme are extracted hereinunder for ready reference :

“Background: Consequent upon handing over of IGI and CSI Airports to the respective Joint Venture Companies as part of Restructuring and Modernization process, the employees of AAI deployed at IGI and CSI Airports were continued to be posted at respective airports for a period of three years w.e.f. 03.05.2006 to provide operational support to the said Joint Venture Companies as per OMDA. The operational support period is coming to close on 02.05.2009.

Redeployment /Transfer: The employees have been asked separately to choose any three airports/establishments of their choice in order of priority to consider them for posting /transfer. Such transfers are being treated as public interest and employees are extended the following benefits as per rules on the subject.

(a) Transfer: TA&DA for self and family members.

(b) Transfer Tour: He/She will be treated on tour for the first 30 days on his posting at new station to enable him to move immediately and tie up arrangements at new station for moving his family. He shall have entitlement to Daily Allowance at new station for a maximum period of 30 days of his joining a new station of posting.

(c) Transfer Grant: One month’s Basic Pay plus DA.

(d)