HARI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all these Original Applications, the grievance of the Applicants is that their request for grant of benefits under Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS for short) has not been acceded to.

(2.) THE Applicant was appointed as a Gangman in the Railways with effect from 13.08.1979 and presently he is working under the third Respondent, namely, the Sr. Section Engineer (PWI), North Western Railway, Mahindergarh, Haryana. Vide order dated 26.11.2006, he was declared medically unfit for category B -1 and was decategorised for the post of Gangman. However, he was declared medically fit for the posts in category C -1. Thereafter, he was placed on supernumerary post. But according to him, he continued to work as Gangman. On 24.02.2011, while performing the duties of Gangman on track, he met with an accident by train and suffered serious head and other multiple injuries and was admitted in the Dr. Ram Manohar Lohia Hospital. Thereafter, he was transferred to the Central Hospital and from there he was discharged on 01.04.2011 with the advice to undergo further treatment. Again, he was admitted in the said hospital on 10.05.2011 and was discharged on 16.05.2011. Lastly, while discharging him on 11.06.2011, he was recommended for light job which involves no carrying or lifting of heavy weight. Thereafter, in October, 2012, he applied to the Divisional Railway Manager for his retirement from service and grant of alternate employment to his son under the LARSGESS. As he and his son have fulfilled the requisite conditions prescribed in the LARGESS, his son was called for the written test scheduled to be held on 04.11.2012 but he was not allowed to appear in the said test for the reason that he was already a medically de -categorized employee. Hence, he has filed this Original Application seeking a direction to the Respondents to extend the benefit of the LARSGESS to him and to his son.

(3.) BRIEF facts: There are 28 Applicants in this case. They were working as Gangman/Group D employees in the Moradabad Division of the Northern Railway. According to them, they fulfilled the eligibility criteria for availing the benefits under the LARSGESS Scheme and accordingly they submitted their Application under the said Scheme well before the last date for receipt of the applications, i.e., 27.12.2010. Their wards have also fulfilled the requisite qualifications under the said Scheme but the Respondents rejected their case vide order dated 11.06.2012 on the ground that they were overaged and their wards were less qualified. When they came to know about the rejection of their request in the month of September, 2012, they approached the competent authority and came to now that the reason for rejecting their claim was that the Northern Railway HQ vide letter dated 25.10.2011 amended the ongoing process under LARGESS.