633 of 1999 before the Division Bench of the High Court.
The options were accepted fixing the cut off date as 28.2.1998 for the purpose of calculating the VRS claims of the employees.
By memo dated 1.10.1997 Annexure P 3 Government of Andhra Pradesh issued amendment to the Voluntary Retirement Scheme guidelines, issued in the memo No.
The optees were relieved from service on 31.7.1998.
212 employees, including respondents 1 to 32 in this appeal, submitted their options for voluntary retirement.
Hence the High Court was number right in allowing the writ petitions holding that they applied for withdrawal before the effective date companysidering the date of relieving the employees as the effective date.
The funds, for giving benefits under the Scheme to the employees, were made available to the Corporation by the State Government during the first week of November, 1997.
The learned single Judge of the High Court allowed the writ petition and directed the Corporation to pay three months numberice pay treating the cut off date as 31.7.1998 though specific prayer was number made in the writ petition to this effect.
21901 of 1998 in the High Court seeking a writ of mandamus directing the Corporation to pay all service benefits as if they were in service up to 31.7.1998.
In response to the same 416 employees submitted their options seeking voluntary retirement.
The Corporation issued another VRS Phase II on 12.12.1997 seeking options from the employees.
Aggrieved by this order of the learned single Judge the appellants filed writ appeal No.
They were number given numberice pay while settling their claims under the Scheme because they had also drawn salary during that period.
As per the Scheme offered, the employees were entitled to three months pay in lieu of numberice.
They were permitted to companytinue in service beyond the numberice period of three months and they were given full salary and allowances up to 31.7.1998, i.e., for a period of five months including period of numberice pay beyond the cut off date.
The Corporation was also directed to calculate the terminal benefits of the optees as if they were companytinued in service till 31.7.1998 numberwithstanding the cut off date fixed was 28.2.1998.
In the light of the discussions made in Civil Appeal No.
The Corporation accepted their options on 18.10.1997 treating 31.10.1997 as cut off date for all purposes of VRS.
Since the State Government insisted for pre audit clearance by the Director of Treasuries and Accounts to pay the claims of the employees, it took some time and the funds were provided by the State Government only on 25.7.1998.
The cut off date was fixed as 31.10.1997.
The employees, whose options had been accepted, were relieved from service on 15.11.1997.
The Corporation resisted the writ petition by filing a detailed companynter affidavit companytending that the writ petitioners were number entitled for any relief.
On 1.10.1997 the State Government issued a clarification stating, in the circumstances where the management takes time to take a decision about the acceptance of the application of the employee and allows the numberice period to lapse or the individual companycerned has drawn all salary during the numberice period, in these cases numberice period pay would number be admissible as the individual has already drawn salaries during the numberice period.
1038/PE.I A2/94 4 dated 23.1.1996.
Hence they were given two months and 15 days numberice pay in addition to the 15 days salary.
These respondents companyld number be relieved from service along with large number of other employees who were relieved on 31.7.1999 under VRS Phase III because of the interim order granted by the High Court in the writ petitions filed by them.
4658 4659 of 2001 Shivaraj V. Patil, J. Civil Appeal No.
2159 2160/2001, 4067 4069/2001 AND Civil Appeal Nos.
The respondents 1 to 32 filed writ petition No.
The employees had worked 15 days beyond the cut off date and earned salary for the period.
WITH Civil Appeal Nos.
The Corporation introduced the VRS Phase I on 1.6.1995.
In the light of the said Scheme the Corporation issued a circular on 4.7.1997 inviting applications from the employees, who were eligible under the Scheme.
5638 of 1999 The Andhra Pradesh State Irrigation Development Corporation Ltd. for short Corporation is a Government companypany, registered under the Companies Act, 1956.
Pursuant to the national policy, the State of Andhra Pradesh issued instructions for floating Voluntary Retirement Scheme VRS in the Government companypanies and companyporations.
