UNION OF INDIA Vs. AWATAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicant/respondent herein sought premature retirement at the age of 54 years, after completing 33 years, 9 months and 28 days. He had climbed the ladder upto the post of Assistant Loco Pilot from his initial appointment in Class IV as Shed Khalasi/Gangman. He approached the learned Tribubnal in O.A. No. 3 of 2013 (R) for a direction upon the respondents-railway to consider the case of his son under Safety Related Retirement Scheme-Drivers and Gangman (SRRS) for employment, consequent upon the acceptance of his VRS. The learned Tribunal took into account the case of the parties and held at Para 7 of the impugned order dtd. 8/9/2015 that the applicant had submitted his application for VRS and his son's appointment simultaneously. He had also retired five years before his normal superannuation. Therefore, his application was indeed under SRRS. The contention of the railways that he had tendered voluntary retirement because of his inability to perform the duty as passenger driver vide application on 1/3/2010/20/4/2010 was not under SRRS but a voluntary retirement due to ill health was rejected by the learned Tribunal.

(3.) We do not find any reason to disturb the finding of learned Tribunal on that score for the underlying reason that the applicant's retirement was accepted on the ground of ill health, which is covered under the SRRS framed on the consideration that with advancing age, the physical fitness and reflexes of staff of these categories deteriorate, thereby causing a safety hazards.