Central Administrative Tribunal - Allahabad
Om Prakash vs General Manager N C Rly on 22 January, 2020
(Open Court)
CENTRAL ADMINISTRATIVE TRIBUNAL,
ALLAHABAD BENCH
ALLAHABAD
This is the 22nd day of January, 2020.
ORIGINAL APPLICATION NO. 330/01530/2016
HON'BLE MR RAKESH SAGAR JAIN, MEMBER (J)
HON'BLE MR. PRADEEP KUMAR, MEMBER (A)
Om Prakash, aged about 56 years, S/o Shri Gauri Shankar, R/o Village &
P.O. Raksa, District - Jhansi.
...............Applicant
VERSUS
1. Union of India through General Manager, North Central Railway,
Subedarganj, Allahabad.
2. The Divisional Railway Manager, Jhansi Division, North Central
Railway, DRM Office Complex, Jhansi.
3. The Deputy Chief Engineer, TMC/Line, North Central Railway, DRM
Office Complex, Jhansi.
.................Respondents
Advocate for the Applicant : Shri Ajay Rajendra
Advocate for the Respondents : Shri Ajay Kumar
ORDER
Delivered by Hon'ble Rakesh Sagar Jain, Member-J Heard Shri Akhilesh Kumar, holding brief of Shri Ajay Rajendra, learned counsel for the applicant and Shri Ajay Kumar, learned counsel for the respondents.
2. The applicant has filed this Original Application seeking direction to the respondents to consider his case for retirement and for appointment of his sone under LARSGESS Scheme.
2
3. The Railway was running a Scheme known as Liberalised Active Retirement Scheme for Guaranteed Employment for Safety Staff (in short LARSGESS).
4. As per the OA, applicant applied for his voluntary retirement on under the LARSGESS and also for appointment of his son under the said Scheme. It is stated that on 26.11.2015 the screening of his son was done in the office of General Manager, North Central Railway, Allahabad. Thereafter, the applicant made several representations to the respondents to consider his claimed. Having received no response, the applicant filed OA No. 1251/2016, which was disposed of by this Tribunal vide order dated 28.09.2016 and in compliance thereto, the claim of the applicant has been rejected by the respondents vide order dated 25.11.2016 (Annexure-1). Learned counsel for the applicant states that the grievance of the applicant would be redressed if a direction is given to the competent authority to consider the claim of the applicant in accordance with the Railway Board order dated 26.09.2018 (R.B.E. No. 150/2018) as well as Circular dated 28.09.2018 (RBE No. 151/2018).
5. Main relief in the OA is to consider the appointment of the ward of the applicant no. 2 under the Liberalised Active Retirement Scheme for Guaranteed Employment for Safety Staff (in short LARSGESS).
6. The issue of LARSGESS Scheme was examined by Hon'ble Punjab and Haryana High Court in CWP No. 7714/2016 arising out of the order passed by Chandigarh Bench of this Tribunal in the case of Kala Singh and others vs. Union of India and others in OA No. 060/656/2014. While disposing of the CWP No. 7714/2016, Hon'ble High Court vide the judgment dated 27.04.2016 held that the LARSGESS Scheme does not stand the test of the Article 14 and 16 of the Constitution of India and the 3 Railway Board was directed to re-consider the said Scheme. The Review petition filed by the respondents was also dismissed by Hon'ble High Court vide order dated 14.07.2017. Subsequently the Railway Board challenged the order of Hon'ble High Court before Hon'ble Supreme Court in the SLP (C) No. 508/2018 and vide order dated 8.1.2018, Hon'ble Supreme Court declined to interfere with the order of Hon'ble High Court.
7. Thereafter, the Railway Board has reviewed the LARSGESS Scheme as per the direction of Hon'ble Punjab and Haryana High Court and vide its order dated 26.09.2018 (R.B.E. No. 150/2018) has decided as under:-
"2. In compliance with the above directions, Ministry of Railways have revisited the scheme duly obtaining legal opinion and consulted Ministry of Law & Justice. Accordingly, it has been decided to terminate the LARSGESS Scheme w.e.f. 27.10.2017 i.e. the date from which it was put on hold. No further appointments should be made under the Scheme except in cases where employees have already retired under the LARSGESS Scheme before 27.10.17 (but not normally superannuated) and their wards could not be appointed due to the Scheme having been put on hold in terms of Board's letter dated 27.10.17 though they had successfully completed the entire process and were found medically fit. All such appointments should be made with the approval of the competent authority."
8. Subsequently, another Circular dated 28.09.2018 (RBE No. 151/2018) was issued. The contents of Circular are reproduced as below: -
"In supersession to Railway Board's letter No. E(P&A)1- 2015/RT-43 dated 26.09.2018, it is stated that while the LARSGESS Scheme continues to be on hold with effect from 27.10.2017 on account of various cases, to impart natural justice to the staff who have already retired under LARSGESS scheme before 27.10.2017 (but not naturally superannuated) and appointment of whose wards was not made due to various formalities, appointment of such of the wards/candidates can be made with the approval of the competent authority.".
9. Thus the LARSGESS Scheme has been terminated with effect from 27.10.2017 and only the cases where the employees have already retired 4 under LARSGESS before 27.10.2017 but who are not normally superannuated and whose case could not be considered because of the order of the Railway Board to put the Scheme on hold can be considered under the Scheme.
10. In view of the circumstances as discussed above, this OA is finally disposed of by remitting the matter to the competent authority amongst the respondents to consider the case of the applicant in the light of the Railway Board order dated 26.09.2018 (R.B.E. No. 150/2018) as well as Circular dated 28.09.2018 (RBE No. 151/2018) and to pass an appropriate speaking order under intimation to the applicant within three months from the date of receipt of a copy of this order.
11. It is made clear that we have not expressed any opinion about the merit of the case while passing this order.
12. There will be no order as to costs.
(Pradeep Kumar) (Rakesh Sagar Jain)
Member-A Member-J
Anand...