VISHWANATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and railways.

(2.) Applicants in O.A. No. 051/00169/2015 are aggrieved by order dated 10.11.2017, passed by the learned Central Administrative Tribunal, Circuit Bench, Ranchi, whereunder, their prayer for direction upon the respondents to consider their case and to provide employment to their respective wards under the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (for short LARSGESS), dated 11th September, 2010 was rejected.

(3.) Applicants claimed to have applied for retirement and employment of their dependents. The scheme dated 11.9.2010 Anenxure-2 framed by the Railways Board, Ministry of Railways was a modification of the scheme dated 2.1.2004 RBE No. 4/2004 i.e. "Safety related to retirement scheme Drivers and Gangmen" (Annexure-1). The 2004 Scheme was framed to cover two safety categories viz. drivers (excluding shunters) and Gangmen whose working has a critical bearing on safety of train operations and track maintenance. The Scheme had been framed on the consideration that with advancing age, the physical fitness and reflexes of staff of these categories deteriorate, thereby causing safety hazards. Under the scheme of 2004, drivers and gangmen in the age group 50 to 57 years may seek retirement and employment to a suitable ward of the employee whose application for retirement under the Scheme is accepted. Employees who have completed 33 years of qualifying service would be eligible for seeking retirement under the Scheme, it would be on voluntary basis. Applications from those who proposed to retire would be taken once in a year and the cut-off date for reckoning of the eligibility of employees for seeking retirement would be 30th June of the respective year. All conditions of employment for the ward of such retired employee such as age limits, educational qualification etc. would also be determined with reference to that date. The last date for submission of request for retirement and for consideration of a ward for appointment would be 31st of July of the respective year. Employees who desire to withdraw their request may do so not later than 30th September of the respective year. No requests for withdrawal would be entertained thereafter. The discretion to accept the request for retirement was vested in the administration depending upon the shortage of staff, physical fitness and the suitability of the ward for appointment in the category of Driver/Gangmen, as the case may be. Clause-12 of the Scheme of 2004 clearly provided that the conditions of eligibility in the case of wards being considered for appointment would be the same as prescribed for direct recruitment from the open market. Clause-13 further provided that suitability of the wards will be assessed in the same manner as is being done in the case of direct recruitment. The assessment would be done through respective Railway Recruitment Boards. The Scheme of 11th September, 2010 (Annexure-2) however extended the benefit of SRRS dated 2.1.2004 to other safety categories of staff with a grade pay of Rs. 1800/- p.m. The qualifying service was reduced from 33 years to 20 years and the eligibility age group from 55-57 years to 50-57 years for seeking retirement. The nomenclature of the Scheme was modified from SRRS to 'Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff' (LARSGESS) with grade pay of Rs. 1800/-. It further reiterated that employment under the Scheme would be guaranteed only to those found eligible/suitable and finally selected as per procedure. Other terms and conditions of the Scheme would remained unchanged.