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J U D G M E N T (Arising out of SLP (C) Nos. 26322-26323/2005) Dr. AR. Lakshmanan, J.

Leave granted.

The Board of Trustees, Visakhapatnam Port Trust and others are the appellants before us and the respondents are employees of the said Port Trust.

The matter arises out of an insistence of two employees of the Visakhapatnam Port Trust (in short 'the VPT') to seek retirement under a voluntary retirement scheme, even though, according to the employer Port Trust they are not entitled to avail the benefit of the scheme because they have attained the cut off age of 58 years before their cases could be considered. The learned single Judge allowed the writ petition filed by the respondents and directed the Port Trust to consider and accept the voluntary retirement scheme (hereinafter called 'VRS') of the respondents as on their date of application and pass appropriate orders and pay all the benefits thereunder. However, the learned single Judge held that the respondents are not entitled for pension on the ground that they have retired on attaining the age of superannuation at the age of 60 years and they shall be entitled for pension as per the date of retirement under the VRS to be extended to the respondents. The learned Single Judge further held that the salaries received by the respondents till their age of superannuation shall not be recovered if paid as they have worked. The learned Judges of the Division Bench, by their order dated 21.11.2005 dismissed the appeal filed by the VPT and directed the VPT to pass orders on the applications of the respondents for voluntary retirement within a period of one month from the date of judgment.