Central Administrative Tribunal - Jaipur
Kanhiya Lal vs M/O Railways on 28 March, 2024
1
OA No. 620/2013 with other 45 connected OAs
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
...
OA No. 620/2013, OA No. 473/2019, OA No. 786/2019, OA
No. 42/2020, OA No. 43/2020, OA No. 44/2020, OA No.
45/2020, OA No. 46/2020, OA No. 47/2020, OA No.
48/2020, OA No. 49/2020 with MA No. 231/2021, OA No.
50/2020, OA No. 88/2020, OA No. 104/2020, OA No.
117/2020 with MA No. 254/2021, OA No. 120/2020 with MA
No. 255/2021, OA No. 125/2020, OA No. 131/2020, OA No.
132/2020, OA No. 133/2020, OA No. 135/2020 with MA No.
256/2021, OA No. 165/2020, OA No. 174/2020, OA No.
202/2020, OA No. 203/2020, OA No. 276/2020, OA No.
288/2020, OA No. 316/2020, OA No. 330/2020, OA No.
350/2020 with MA Nos. 577/2021 and 437/2023, OA No.
356/2020, OA No. 363/2020, OA No. 375/2020, OA No.
391/2020, OA No. 412/2020, OA No. 419/2020, OA No.
422/2020, OA No. 448/2020, OA No. 472/2020 with
559/2020, OA No. 481/2020, OA No. 554/2020 with MA No.
364/2021, OA No. 14/2021, OA No. 35/2021 with MA No.
535/2023, OA No. 37/2021 with MA No. 55/2021, OA No.
36/2021 with MA No. 54/2021, OA No. 102/2021 with MA
No. 195/2021
ORDER RESERVED ON: 19.03.2024
DATE OF ORDER: 28.03.2024
CORAM
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER
OA No. 620/2013
1. Manoj Kumar Sharma s/o Murari Lal, by caste Sharma,
aged about 21 years, r/o village and post Baswa Road,
Bandikui, Behind Gopal Bagichi, Bandikui, District
Dausa.
2. Murari Lal S/o Ramesh Chand Sharma, by caste
Sharma, aged about 21 years, r/o Village and Post
Baswa Road, Bandikui, Behind Gopal Bagichi, Bandikui,
District Dausa, presently working as Gate Man, Station
Superintendent, Railway Station, Jaipur.
...Applicants
Shri B.K. Jatti, counsel for the applicants
2
OA No. 620/2013 with other 45 connected OAs
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur-302005.
2. Divisional Railway Manager, North Western Railway,
Jaipur-302005.
...Respondents
Shri Lalit Mohan Bhardwaj, counsel for respondents.
OA No. 473/2019
1. Prem Chand Sharma S/o Shri Shiv Charan Lal, R/o
1949/38, aged 61 yrs. Kamal Nagar Colony, Achnera,
Distt. Agra (U.P.) Loco Pilot (Goods) (Retd.), N.W.
Railway, Jaipur. Mob. No. 9997989457.
2. Amrish Kumar S/o Shri Prem Chand Sharma, aged 28
years, R/o 1949/38, Kamal Nagar Colony, Achnera,
Distt. Agra (U.P.) Mob. No. 9808980544.
...Applicants
Shri S.K. Bhargava, counsel for the applicants
Versus
1. Union of India through General Manager, North
Western Railway, Jagatpura, Jaipur-302017.
3. Divisional Railway Manager (Estt.), NW Railway, Jaipur
Division, PH Road, Jaipur-302016.
...Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 786/2019
Mohar Singh Son of Shri Ladu Ram, aged about 59 years,
resident of Village - Dhapawan Kalan, Post Kolona, Tehsil
Baswa, District Dausa (Raj.) - 303313 and presently
working as Gate-Man, Gate No. 210 Khatipura, Jaipur,
under Senior Section Engineer (PW/S), North Western
Railway, Jaipur Division, Jaipur-305006.
...Applicant
(Group-C, Mob. 95719-67209)
Shri C.B. Sharma, counsel for the applicant
3
OA No. 620/2013 with other 45 connected OAs
Versus
1. Union of India, through General Manager, North
Western Zone, North Western Railway (Head Quarter),
Near Jawahar Circle, Jagatpura, Jaipur-302017.
2. Divisional Railway Manager, North Western Railway,
Jaipur Division, Jaipur-305006.
3. Senior Divisional Personnel Officer, North Western
Railway, Jaipur Division, Jaipur-305006.
...Respondents
Shri Amit Kumar Gupta, counsel for respondents.
OA No. 42/2020
1. Kanhiya Lal Sharma s/o Shri Ram Karan Sharma,
aged about 59 years, r/o 31-A, Ganpati Nagar,
Rampura Road, Kalyanpura, Mansarovar, Jaipur.
Presently working as Senior Helper Signal, Jaipur o/o
SSE/SIG/Jaipur. Mob. No. 9983324599
2. Tarun Sharma s/o Shri Kanhiya Lal Sharma, aged
about 22 years, r/o Village and Post Nandera, Tehsil
Baswa, District Dausa. Mob. No. 8384961692.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri V.D. Sharma, counsel for respondents.
OA No. 43/2020
1. Bhonri Lal s/o Kanhiya Lal, aged about 59 years, r/o
Village and Post Baroda, in front of P.N.B. / Krishna
Colony, District Alwar. Presently working as Senior
4
OA No. 620/2013 with other 45 connected OAs
Helper Signal, Alwar o/o SSE/SIG/AWR. Mob. No.
8560999127.
2. Khem Raj Choudhary S/o Shri Bhonri Lal, aged about
25 years, r/o Village and Post Baroda, in front of
P.N.B. / Krishna Colony, District Alwar. Mob. No.
9587751380.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 44/2020
1. Hariram s/o Shri Khairati, aged about 58 years, r/o
Ward No. 22, Sikandrai Ka Was, Bandikui, District
Dausa. Presently working as Senior Helper Signal,
Jaipur o/o Senior Section Engineer, Signal, Jaipur.
Mob. No. 9887845451
2. Deepak Kumar Sen s/o Shri Hariram, aged about 23
years, r/o Ward No. 22, Sikandrai Ka Was, Bandikui,
District Dausa. Mob. No. 8946953817
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents.
5
OA No. 620/2013 with other 45 connected OAs
OA No. 45/2020
1. Banwari Lal s/o Chaju Ram, aged about 58 years, r/o
Ward No. 25, Dhal Mohalla, Near Ara Machine, Teh.
Baswa, District Dausa. Presently working as Senior
Helper Signal, Jaipur o/o Senior Section Engineer,
Signal, Jaipur. Mob. No. 9414383864
3. Sunil Kumar Jangid s/o Shri Banwari Lal, aged about
29 years, r/o Ward No. 25, Dhal Mohalla, Near Ara
Machine, Teh. Baswa, District Dausa. Mob. No.
9414383864
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 46/2020
1. Mala Ram s/o Sultan, aged about 54 years, r/o Dhani
Chaulahi, Van Kanwar Ka Nangal, Post Dabla, Tehsil
Neem Ka Thana, District Siker. Presently working as
Khallasi SSE RAC Jaipur o/o Senior Section Engineer,
Railway Air Condition, Jaipur, Mob. No. 7568099638.
2. Krishan Kumar Gurjar s/o Mala Ram, aged about 30
years, r/o Dhani Chaulahi, Van Kanwdar Ka Nangal,
Post Dabla, Tehsil Neem Ka Thana, District Siker.
Mob. No. 9828422210.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
6
OA No. 620/2013 with other 45 connected OAs
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri Abhishek Sharma, counsel for respondents.
OA No. 47/2020
1. Laxman Lal s/o Tophi Ram, aged about 58 years, r/o
Thala Ka Waas, Badial Sui, Bandikui, Tehsil Baswa,
District Dausa, Presently working as Senior Helper
Signal, Jaipur o/o SSE/SIG/Jaipur. Mob. No.
9829696567.
2. Mahendra Kumar Ved s/o Laxman Lal, aged about 24
years, r/o Thala Ka Waas, Badial Sui, Bandikui, Tehsil
Baswa, District Dausa. Mob. No. 9829696567.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri Prashant Joshi, counsel for respondents.
OA No. 48/2020
1. Hanuman Sahai Seni s/o Ram Kishore, aged about 59
years, r/o Village Bhavsar Isarwala, Post Mansar
Khedi, Tehsil Bassi, District Jaipur. Presently working
as Senior Khallasi, Jaipur o/o SSE/TL/JP. Mob. No.
9414696531.
2. Lokesh Kumar Seni s/o Hanuman Sahai Seni, aged
about 28 years, r/o Village Bhavsar Isarwala, Post
Mansar Khedi, Tehsil Bassi, District Jaipur. Mob. No.
9414217311.
7
OA No. 620/2013 with other 45 connected OAs
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 49/2020 with MA No. 231/2021
1. Manohar Lal Sharma Sharma s/o Shri Jagannath
Prasad Sharma, aged about 57 years, r/o Village and
Post Nandera, Tehsil Baswa, District Dausa. Presently
working as Senior Helper Signal, Bandikui o/o
SSE/SIG/Bandikui. Mob. No. 9351861723.
2. Bablu Sharma s/o Shri Manohar Lal Sharma, aged
about 22 years, r/o r/o Village and Post Nandera,
Tehsil Baswa, District Dausa. Mob. No. 7374968439.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri V.D. Sharma, counsel for respondents.
OA No. 50/2020
1. Prahlad Chand 'G' s/o Gendi Lal, aged about 59, r/o
Renwal Manji, Tehsil Phagi, District Jaipur. Presently
working as Khallasi SSE RAC Jaipur o/o Senior Section
Engineer, Railway Air Condition, Jaipur. Mob. No.
9828422210.
8
OA No. 620/2013 with other 45 connected OAs
2. Ashish Kumar Prajapat s/o Shri Prahlad Chand 'G',
aged about 25 years, r/o Renwal Manji, Tehsil Phagi,
District Jaipur. Mob. No. 9828422210.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur - 302017.
2. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 88/2020
Naroo Singh Son of Shri Bardi Singh, aged about 60 years,
resident of Village & Post - Phulad, Via - Ranawas, Tehsil -
Marwar Junction, District - Pali and while holding the post of
Track Maintainer / Trolly-Man, under Senior Section
Engineer (P.Way) Kamlighat, Marwar Junction, North
Western Railway, Ajmer Division, Ajmer and retired on
31/12/2019. Group 'D'. M. 9414074106
...Applicant
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India through the General Manager, North
Western Zone, North Western Railway, Near Jawahar
Circle, Jagatpura, Jaipur - 302017.
2. Divisional Railway Manager, North Western Railway,
Ajmer Division, Ajmer - 305001.
3. Senior Divisional Personnel Officer, North Western
Railway, Ajmer Division, Ajmer - 305001.
...Respondents
Shri M.K. Sharma, counsel for respondents.
9
OA No. 620/2013 with other 45 connected OAs
OA No. 104/2020
Ram Swaroop Son of Shri Sanwal Mal Ji, aged about 61
years, resident of House No. 3, Meel Majdoor Colony, in
front of Beawar Railway Station, Beawar, District Ajmer,
PIN-305901 and working as Points Man, Sendra Railway
Station (Ajmer), North Western Railway, Ajmer Division,
Ajmer and retired on 30/04/2018.
...Applicant
(Group-D, Mob. 92691-68058)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India through the General Manager, North
Western Zone, North Western Railway, Near Jawahar
Circle, Jagatpura, Jaipur - 302017.
2. Divisional Railway Manager, North Western Railway,
Ajmer Division, Ajmer - 305001.
3. Senior Divisional Personnel Officer, North Western
Railway, Ajmer Division, Ajmer - 305001.
...Respondents
Shri Manish Kumar Sharma, counsel for respondents.
OA No. 117/2020 with MA No. 254/2021
Mangu Khan son of Shri Bhahadar, aged about 62 years,
resident of Village & Post Jayanti Market, Alanpur, District
Sawai Madhopur - 322021. Lastly employed on the post of
Gangman (Trackman), under SSE (P Way), Lakheri, West
Central Railway, and retired on 31/01/2018.
...Applicant
(Group-D, Mob. 80033-47846)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
10
OA No. 620/2013 with other 45 connected OAs
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri A.S. Shekhawat, counsel for respondents
(through Video Conferencing).
OA No. 120/2020 with MA No. 255/2021
Deen Bandhu D Son of Shri Durga Prasad aged about 65
years, resident of Village Khedla (Nimoda Station), Via
Gangapur City, Tehsil Sapotra, District Karoli - 322202.
Lastly employed on the post of Senior Trolley-man under
Senior Section Engineer (Tele) Control, Bundi, West Central
Railway, Kota Division, Bundi - 323001 and retired on
30/06/2014.
...Applicant
(Group-D, Mob. 94140-74106)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri Rajendra Vaish, counsel for respondents
OA No. 125/2020
Mumtaj Son of Shri Najira Khan, aged about 59 years,
resident of Village & Post Phasawanta, Tehsil Malarana,
District Sawai Madhopur - 322028 and presently residing at
Quarter No. 232-A, Meer Gauge Colony, Sawai Madhopur.
11
OA No. 620/2013 with other 45 connected OAs
Presently holding the post of Senior / Head Gangman
(Track Maintainer), under SSE (P Way), West Central
Railway, Sawai Madhopur - 322201.
...Applicant
(Group-D, Mob. 94140-74106)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri Gopal Krishan Sharma, counsel for respondents
OA No. 131/2020
Babuddin Son of Shri Nazira, aged about 62 years, resident
of Village Setu, Post Salu, District Sawai Madhopur -
322001. Lastly employed on the post of Trolley-Man, under
SSE (Trolley), Sawai Madhopur, West Central Railway, and
retired on 30/09/2018.
...Applicant
(Group-D, Mob. 96945-01933)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
12
OA No. 620/2013 with other 45 connected OAs
Shri Dinesh Pathak, counsel for respondents
OA No. 132/2020
Laxman Prasad Son of Shri Durgi, aged about 56 years,
resident of Quarter No. 681-A, Railway Chalis Quarter
Colony, Gangapur City, District Sawai Madhour, PIN-
322219, at present holding substantive post of Senior
Gangman (Track Maintainer) under SSE (P Way) Bharatpur,
West Central Railway, Bharatpur - 321001.
...Applicant
(Group-D, Mob. 94135-38754)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri Jitendra Singh Rathore, counsel for respondents
OA No. 133/2020
Jagdish Son of Shri Badri, aged about 59 years, resident of
Village & Post Neemoda, Tehsil Sapotara, Distrcit Karauli -
322202 and presently residing at No. 218-A, Railway
Carriage Colony, Near Platform No. 3, Gangapur City,
District Sawai Madhopur and holding the post of Senior
Gangman (Track Maintainer), under SSE (P Way) South,
West Central Railway, Gangapur City - 322201.
...Applicant
(Group-D, Mob. 99293-19069)
Shri C.B. Sharma, counsel for the applicant
Versus
13
OA No. 620/2013 with other 45 connected OAs
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri Ashish Dadhich, counsel for respondents
OA No. 135/2020 with MA No. 256/2021
Batiya Son of Shri Gulab, aged about 64 years, resident of
Village Kansir, Post Makholi, Tehsil Sawai Madhopur, District
Sawai Madhopur-322021. Last employed on the post of
Gangman, Gang No. 56, Makholi, Sawai Madhopur under
SSE (P.Way), West Central Railway, Sawai Madhopur and
retired on 31/07/2015.
...Applicant
(Group-D, Mob. 96498-19117)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri Ashish Dadhich, counsel for respondents
OA No. 165/2020
Badan Singh Son of Shri Kishan Lal aged about 59 years,
resident of Village Vidyapur, Post Kiravali District Agra (UP)
14
OA No. 620/2013 with other 45 connected OAs
- 283122, and presently working as Sr. Gangman /
Trackman, under SSE (P Way) Bharatpur, Unit No. 83
Gang, Bharatpur, West Central Railway, Bharatpur -
321001.
...Applicant
(Group-D, Mob. 98373-56223)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri Ashish Dadhich, counsel for respondents
OA No. 174/2020
Mahaveer Singh S/o Shri Durga Singh, aged about 60
years, Retired from the post of Senior Khalasi (Milright),
Railway Station, Ajmer and R/o Thakuron Ki Dhani,
Kaisarpura, Via Saradhana, District Ajmer, Rajasthan - PIN
305006. Mobile No. 9782121201 (Group 'D').
...Applicant
Shri C.P. Sharma, counsel for the applicant
(through Video Conferencing)
Versus
1. Union of India through General Manager, North
Western Railway, Jawahar Circle, Jagatpura, Jaipur,
Rajasthan PIN - 302017.
2. Divisional Railway Manager, North Western Railway,
Ajmer, Rajasthan - PIN-305001
...Respondents
15
OA No. 620/2013 with other 45 connected OAs
Shri V.D. Sharma, counsel for respondents
OA No. 202/2020
Lajja Ram Son of Shri Pohap Singh, aged about 57 years,
resident of Quarter No. 48-E/B, Railway Colony, Mandalgarh
Station, West Central Railway, and at present holding
substantive post of Senior Gangman (Track Maintainer),
under SSE (P Way) Mandalgarh, West Central Railway, Kota
Division, Kota-324002.
...Applicant
(Group-D, Mob. 97833-03787)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Division, Kota - 324002.
...Respondents
Shri R.P. Singh, proxy counsel for
Shri Neeraj Batra, counsel for respondents
OA No. 203/2020
Lal Chand Son of Shri Late Shyam Lal, aged about 60
years, resident of 51, Out House, Circular Road, Near Water
Tank, Kundan Nagar, Ajmer - 305001. Last employed on
the substantive post of as Gate-man (Traffic Department),
and Box-boy under Station Superintendent, Railway Station
Ajmer, North Western Railway, Ajmer Division, Ajmer-
305001 (Retired on 31/01/2020).
...Applicant
(Group-D, Mob. 77278-09236)
Shri C.B. Sharma, counsel for the applicant
16
OA No. 620/2013 with other 45 connected OAs
Versus
1. Union of India, through General Manager, North
Western Zone, North Western Railway, Near Jawahar
Circle, Jagatpura, Jaipur - 302017.
2. Divisional Railway Manager, North Western Railway,
Ajmer Division, Ajmer - 305001.
3. Senior Personnel Officer, North Western Railway,
Ajmer Division, Ajmer - 305001.
...Respondents
Shri V.D. Sharma, counsel for respondents
OA No. 276/2020
Om Prakash Bairwa Son of Shri Chiranji Lal aged about 39
years, resident of Village & Post Pragpura, Tehsil Rajgarh,
District Alwar. Aspirant for Appointment on suitable post
under Liberalized Active Retire Scheme for Guaranteed
Employment for Safety Staff (LARSGESS) in North Central
Railway Agra.
...Applicant
(Group-D, Mob. 98282-53549)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, North
Central Zone, North Central Railway, Prayagraj
(Allahabad) (U.P.) - 211001.
2. Divisional Railway Manager (P), North Central Railway,
Agra Division, Agra (U.P.) - 282001.
3. Senior Divisional Personnel Officer, North Central
Railway, Agra Division, Agra (U.P.) - 282001.
...Respondents
Shri N.C. Goyal, counsel for respondents
17
OA No. 620/2013 with other 45 connected OAs
OA No. 288/2020
1. Ratan Lal s/o Shri Mool Chand, by caste Balai aged
about 38 years, r/o village and post Pilpli Kalan, post
Malya Ka was, Teh. Phulera, Jaipur. Mobile No.
7976915349. Group 'D'.
2. Mool Chand s/o Padma, by caste Balai, aged about 67
years, r/o village and post Pilpli Kalan, post Malya Ka
was, Teh. Phulera, Jaipur. Presently retired from the
post of Chabi wala, Gang No. 37, Chabi wala, P.W.I.,
Phulera.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur-302017.
2. Divisional Railway Manager, North Western Railway,
Jaipur-302006.
...Respondents
Shri Dinesh Pathak, counsel for respondents.
OA No. 316/2020
1. Dharmendra Kumar Sharma s/o Lalita Prasad Sharma,
by caste Sharma, aged about 34 years, r/o village and
post Nandera, Teh. Baswa, Distt. Dausa. 9549288180
2. Lalita Prasad Sharma s/o Shri Bhoori Lal caste
Sharma, aged about 62 years, r/o village and post
Nandera, Teh. Baswa, Distt. Dausa, presently retired
from the post of Traffic Khalasi, Station
Superintendent, Railway Station, Jaipur. 9549288180.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur-302017.
18
OA No. 620/2013 with other 45 connected OAs
2. Divisional Railway Manager, North Western Railway,
Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 330/2020
Hari Babu Son of Shri Ram Sahaya, aged about 59 years,
resident of Gali No. 2, Saraswati Colony, Roteda Road, Kota
Junction, Kota and presently working as Helper (Khallasi)
under Senior Section Engineer Signal (C), West Central
Railway, Kota Division, Kota - 324002.
...Applicant
(Group-D, Mob. 81073-20672)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Deputy Chief Signal & Telecom Engineer
(Construction), West Central Railway, Kota Division,
Kota - 324002.
...Respondents
Shri Dinesh Pathak, counsel for respondents
OA No. 350/2020 with
MA Nos. 577/2021 & 437/2023
1. Bhim Singh S/o Shri Bhanwar Lal, aged about 63
years, R/o Shri Ram Nagar, Dhani Karigaran, Ward No.
7, Phulera, District Jaipur, presently retired from
service holding the post of Gate Man (Group-D) at
Phulera. Mob. 9829933790.
2. Gopal Lal Saini S/o Shri Bhim Singh, aged about 36
years, R/o Shri Ram Nagar, Dhani Karigaran, Ward No.
19
OA No. 620/2013 with other 45 connected OAs
7, Phulera, District Jaipur (seeking appointment under
LARSGESS Scheme) Mob. 8875775877.
...Applicants
Shri Vinod Goyal, counsel for the applicants
Versus
1. Union of India through General Manager, North
Western Railway, Near Jawahar Circle, Jagatpura,
Jaipur-302017.
2. The Divisional Railway Manager, North Western
Railway, Jaipur Division, Jaipur-302006.
...Respondents
Shri V.D. Sharma, counsel for respondents.
OA No. 356/2020
Babu Sahab Jha S/o Shri Chandan aged about 54 years,
resident of 409, Railway Workshop Colony, Kota Junction,
Kota - 324001 (Raj.), presently working as Helper, TTM
(E), Kota - 324001 (Raj.).
...Applicant
Shri Amit Mathur, counsel for the applicant
Versus
1. Union of India, through its General Manager, Indra
Bazar, West Central Railway, Jabalpur-482001 (M.P.).
...Respondents
Shri Arun Sharma, counsel for respondents
OA No. 363/2020
Aslam Khan Son of Shri Chittar Khan, aged about 57 years,
resident of House No. 6, Gali No. 3, New Rang Talab, Kota
Junction, Kota and presently working as Helper (Khallasi),
under Senior Section Engineer Signal (C), West Central
Railway, Kota Division, Kota - 324002.
...Applicant
20
OA No. 620/2013 with other 45 connected OAs
(Group-D, Mob. 96942-01557)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Deputy Chief Signal & Telecom Engineer
(Construction), West Central Railway, Kota Division,
Kota - 324002.
...Respondents
Shri Arun Sharma, counsel for respondents
OA No. 375/2020
Abdul Wahid Son of Shri Abdul Habib, aged about 59 years,
resident of Near Sahi Jama Masjid, Kohori, Kota Junction,
Kota and presently working as Helper (Khallasi), under
Senior Section Engineer Signal (C), West Central Railway,
Kota Division, Kota - 324002.
...Applicant
(Group-D, Mob. 94138-29726)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
3. Deputy Chief Signal & Telecom Engineer
(Construction), West Central Railway, Kota Division,
Kota - 324002.
...Respondents
Shri Kinshuk Jain, counsel for respondents
21
OA No. 620/2013 with other 45 connected OAs
OA No. 391/2020
Sita Ram Meena Son of Shri Kana Ram Meena, aged about
53 years, resident of House No. 404/33, Andheri Puliya, Pal
Bichala, Church Road, Ajmer and presently working as
Khallasi (C&W), under Senior Section Engineer (C&W),
Ajmer Railway Station, North Western Railway, Ajmer
Division, Ajmer-305001.
...Applicant
(Group-D, Mob. 96493-75183)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, North
Western Zone, North Western Railway (Head Quarter),
Near Jawahar Circle, Jagatpura, Jaipur-302017.
2. Divisional Railway Manager, North Western Railway,
Ajmer Division, Ajmer-305001.
3. Senior Section Engineer (C&W), Ajmer Railway
Station, North Western Railway, Ajmer Division, Ajmer
- 305001.
...Respondents
Shri A.S. Shekhawat, counsel for respondents
(through Video Conferencing)
OA No. 412/2020
Barda, S/o Shri Roda, Aged about 54 years, b/c Mali (OBC),
R/o Vill+PO Nandla, District Ajmer (Office Address:
Employed as Gateman / Trackman under SSE (PW) NAS. M-
9413960295.
...Applicant
Shri B.K. Jatti, proxy counsel for
Shri S.P. Singh, counsel for the applicant
Versus
1. Union of India, through the General Manager, North
Western Railway Jaipur-302006.
22
OA No. 620/2013 with other 45 connected OAs
2. Divisional Railway Manager, North Western Railway,
Ajmer Division, Ajmer-305001.
...Respondents
Shri A.S. Shekhawat, counsel for respondents
(through Video Conferencing)
OA No. 419/2020
1. Bhawani Singh S/o Shri Amar Singh aged about 60
years, R/o Village Sayala Bas Khurd, Ward No. 8,
Bandikui, District Dausa (Raj.) Earlier working as Loco
Pilot, (Group 'C' post).
2. Prathvi Singh S/o Shri Bhawani Singh aged about 35
yars, R/o Village Sayala Bas Khurd, Ward No. 8,
Bandikui, District Dausa-303303 (Raj.). Mob.
8949936190.
...Applicants
Shri Amit Mathur, counsel for the applicants
Versus
1. Union of India through Chairman, Railway Board Rail
Bhavan, Raisina Marg, New Delhi-110001.
2. General Manager, North Western Railway, Head
Quarter Office, Jagatpura Road, Malviya Nagar, Jaipur-
302017 (Raj.).
3. Chairman, Railway Recruitment Cell, North Western
Railway, Head Quarter Office, Jagatpura Road, Malviya
Nagar, Jaipur-302017 (Raj.).
...Respondents
Shri N.C. Goyal, counsel for respondents
OA No. 422/2020
Prem Singh Son of Shri Bhure Singh, aged about 60 years,
resident of Bapu Colony, Kota and holding the post of
Senior Helper / Khallasi, under Senior Section Engineer
(Bridge), West Central Railway, Kota Division, Kota -
324002 now retired on 31/01/2020.
...Applicant
23
OA No. 620/2013 with other 45 connected OAs
(Group-D, Mob. 97203-15741)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Chief Medical Director, West Central Zone, West
Central Railway, Indira Market, Jabalpur (MP) -
482001.
3. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
4. Chief Medical Superintendent, West Central Railway,
Kota Division, Kota - 324002.
...Respondents
Shri N.C. Goyal, counsel for respondents
OA No. 448/2020
1. Shishpal @ Shishupal S/o Shri Bhimsen by caste
Aheer, applicant has been retired on dated 31.08.2018
from the post of Helper under Sr. Section Engineer
TRD - Gangapur, Kota Division, R/o Gram Salimpura
(Karkha), Post Madanpur, District Firozabad (U.P.)
(Group-D). (Mob. No. 9627137878).
2. Prem Kishore S/o Shri Shishpal @ Shishupal, the
applicant had applied for the post of Helper under
Largess scheme in Group D, R/o Gram Salimpura
(Karkha), Post Madanpur, District Firozabad (U.P)
(Group-D). (Mob. No. 9627137878).
...Applicants
Shri S.S. Ola, counsel for the applicant
Versus
1. The Union of India, through the General Manager,
West Central Railway, Jabalpur (M.P.) - 482007.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
24
OA No. 620/2013 with other 45 connected OAs
3. Assistant Commercial Officer (Electric), Kota Division,
Kota - 324002.
...Respondents
Shri Manish Kumar Sharma, counsel for respondents
OA No. 472/2020 with MA No. 559/2020
1. Abdul Haq s/o Shakur Mohammad, aged about 59
years, r/o House no. 132, Ram Kishan Colony,
Rangpura Road, Kota. Presently working as Senior
Points Man under the Station Superintendent Railway
Station Kota. 07976458977
2. Anwar Ali s/o Mr. Abdul Haq, aged about 37 years, r/o
House no. 132, Ram Kishan Colony, Rangpura Road,
Kota. 07976458977
...Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India through the General Manager, West
Central Railway, Jabalpur-482001.
2. Divisional Railway Manager, West Central Railway
Kota.
...Respondents
Shri Kinshuk Jain, counsel for respondents
OA No. 481/2020
Dev Pal Gurjar Son of Shri Ram Phool Gurjar, aged about
33 years, resident of Village Fatehpura, Post Pancholas,
District Sawai Madhopur-322001. Aspirant for appointment
on suitable post under LARSGESS Scheme in West Central
Railway, Kota Division, Kota - 324002 (Father of the
applicant expired on 12/04/2019).
...Applicant
(Group-D, Mob. 96644-08879)
Shri C.B. Sharma, counsel for the applicant
25
OA No. 620/2013 with other 45 connected OAs
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur
(MP) - 482001.
2. Divisional Railway Manager, West Central Railway,
Kota Division, Kota - 324002.
...Respondents
Shri A.S. Shekhawat, counsel for respondents
(through Video Conferencing)
OA No. 554/2020 with MA No. 364/2021
1. Deepak Kumar Verma s/o Shri Bansi Lal-R, aged about
25 years r/o Near Panchmukhi Balaji Temple, Phulera.
8949016310
2. Bansi Lal-R S/o Shri Ramswaroop, aged about 59
years 11 months and 18 days, r/o Near Panchmukhi
Balaji Temple, Phulera. Presently working as Senior
Khallasi in the office of SSE (Carriage), Phulera, Siker.
8003808695
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through Chairman, Railway Board,
Ministry of Railways, Rail Bhavan, New Delhi-110001.
2. The General Manager, North Western Railway, Jaipur-
302017.
3. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri Rajendra Vaish, counsel for respondents
OA No. 14/2021
1. Prasadi Lal S/o Birdha Ram, aged about 59 years,
Retired as Sr. Khalasi under SSE (C&W) N.W. Railway,
26
OA No. 620/2013 with other 45 connected OAs
Bandikui R/o Village Pichhupada Khurd, Post Badwali,
District Dausa.
2. Dinesh Kumar Saini S/o Prasadi Lal, aged about 33
years, R/o Village Pichhupada Khurd, Post Badwali,
District Dausa. Mob: 9887902717
...Applicants
Shri S.K.Bhargava, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur-302017.
2. Divisional Railway Manager, North Western Railway,
Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents
OA No. 35/2021 with MA No. 535/2023
Narendra Kumar s/o Late Shri Nemichand-R (retired from
the post of Sr. Khallasi under SSE/RAC/JP/ELE), aged about
23 years, r/o 1168, Chandapati, Achnera, Agra, UP.
Presently residing at House No. 424, Mohalla Hasanpura,
near Hanuman Temple, Hasanpura, Jaipur. Mob. No.
7037091780.
...Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India through Chairman, Railway Board,
Ministry of Railways, Rail Bhavan, New Delhi-110001.
2. The General Manager, North Western Railway, Jaipur-
302017.
3. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents
27
OA No. 620/2013 with other 45 connected OAs
OA No. 37/2021 with MA No. 55/2021
1. Kedar Prasad Sharma S/o Shri Ramswaroop Sharma,
aged around 55 years, R/o Kailash Colony Saharan
Tiraha, Bassi, Teh. Bassi, District Jaipur. At present
working as Khallasi/SSE/RAC/Jaipur in the o/o DRM,
Jaipur. Mob. No. 9571667107.
2. Dilip Sharma S/o Shri Kedar Sharma, age about 25
years, R/o Kailash Colony Saharan Tiraha, Bassi, Teh.
Bassi, District Jaipur. Mob. No. 9571667107.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through the General Manager, North
Western Railway, Jaipur-302017.
2. Divisional Railway Manager (Establishment), North
Western Railway, Jaipur-302006.
...Respondents
Shri Lalit Mohan Bhardwaj, counsel for respondents
OA No. 36/2021 with MA No. 54/2021
1. Omprakash Bairwa s/o Shri Brijmohan Bairwa, aged
about 30 years, r/o Bhagat Singh Colony, Ward no.
10, Badikui Rajasthan. 7665268923
2. Shri Brijmohan Bairwa s/o Shri Govind Ram, aged
about 58 years, r/o Bhagat Singh Colony, Ward no.
10, Badikui. Presently working as Senior Khallasi SSE
(C&W), North West Railway, Jaipur. 9799919961.
...Applicants
Shri B.K. Jatti, counsel for the applicants
Versus
1. Union of India through Chairman, Railway Board,
Ministry of Railways, Rail Bhavan, New Delhi-110001.
2. The General Manager, North Western Railway, Jaipur-
302017.
28
OA No. 620/2013 with other 45 connected OAs
3. Divisional Railway Manager (Stha), North Western
Railway, Jaipur-302006.
...Respondents
Shri N.C. Goyal, counsel for respondents
OA No. 102/2021 with MA No. 195/2021
1. Lakhan Singh S/o Shri Geetam Singh, aged about 30
years, Resident of Village and Post Singhara, Tehsil
Bayana, District Bharatpur (Raj.). PIN-301410, Mobile
No. 9784671974.
2. Geetam Singh S/o Shri Karan Singh, Resident of
Village and Post Singhara, Tehsil Bayana, District
Bharatpur (Raj.). PIN-301410, Mobile No.
7560965645. (Retd. as Pointmen-B).
...Applicants
Shri M.S. Gurjar, counsel for the applicants
Versus
1. Union of India through its General Manager, West
Central Office Railway, Head Quarter, Jabalpur (M.P.)
PIN-482001.
2. Chief Personnel Officer, West Central Railway, Jabalpur
(M.P.) PIN-482001.
3. Divisional Railway Manager, Kota (Raj.) PIN-324002.
4. Dy. Chief Personnel Officer, Recruitment, Railway
Recruitment Cell, West Central Railway, Kota (Raj.)
PIN-324002.
...Respondents
Shri Dinesh Pathak, counsel for respondents
29
OA No. 620/2013 with other 45 connected OAs
ORDER
Per: RANJANA SHAHI, JUDICIAL MEMBER At the request of learned counsels for the parties, OA No. 620/2013, OA No. 473/2019, OA No. 786/2019, OA No. 42/2020, OA No. 43/2020, OA No. 44/2020, OA No. 45/2020, OA No. 46/2020, OA No. 47/2020, OA No. 48/2020, OA No. 49/2020 with MA No. 231/2021, OA No. 50/2020, OA No. 88/2020, OA No. 104/2020, OA No. 117/2020 with MA No. 254/2021, OA No. 120/2020 with MA No. 255/2021, OA No. 125/2020, OA No. 131/2020, OA No. 132/2020, OA No. 133/2020, OA No. 135/2020 with MA No. 256/2021, OA No. 165/2020, OA No. 174/2020, OA No. 202/2020, OA No. 203/2020, OA No. 276/2020, OA No. 288/2020, OA No. 316/2020, OA No. 330/2020, OA No. 350/2020 with MA Nos. 577/2021 and 437/2023, OA No. 356/2020, OA No. 363/2020, OA No. 375/2020, OA No. 391/2020, OA No. 412/2020, OA No. 419/2020, OA No. 422/2020, OA No. 448/2020, OA No. 472/2020 with 559/2020, OA No. 481/2020, OA No. 554/2020 with MA No. 364/2021, OA No. 14/2021, OA No. 35/2021 with MA No. 535/2023, OA No. 37/2021 with MA No. 55/2021, OA No. 36/2021 with MA No. 54/2021, OA No. 102/2021 with MA No. 195/2021 are taken up together for disposal as common question of law and facts is involved in the aforesaid matters/OAs.
30OA No. 620/2013 with other 45 connected OAs
2. The brief facts of the OAs, in common, as stated by the applicants, are that the respondent-Railways vide order dated 02.01.2004 promulgated scheme in the name of Safety Related Retirement Scheme to the cadre of Drivers and Gangmen and it has been provided under the Scheme that Drivers and Gangmen in the age group of 50-57 may seek retirement and on retirement under the Scheme, suitable Wards of the employees concerned will be considered for employment under the respondent-railways. The respondent-Railways vide order dated 11.09.2010 extended the benefits of Scheme to other safety categories of staff with Grade Pay of Rs. 1800 by reducing service from 33 years to 20 years within the age of 50-57 years and also modified the nomenclature of the Scheme as Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS) with Grade Pay of Rs. 1800. The applicants made requests for retirement with further benefits of the Scheme and to provide appointment to their Wards. The applicants further state that the respondent-Railways rejected their claims at that point in time either holding them not eligible for not fulfilling the eligibility criteria for giving appointment to their Wards or on grounds of medical fitness of their Wards. Most of the applicants had approached this Tribunal and this Tribunal directed the respondent-Railways to verify the eligibility of 31 OA No. 620/2013 with other 45 connected OAs the applicants within a time frame. The respondent- Railways in pursuance to this Tribunal's directions considered the claim of the applicants and rejected the same under the LARSGESS Scheme on the ground that the applicants were declared ineligible before the cut off date i.e. 27.10.2017 (the date on which the Union of India discontinued the Scheme). Besides, the applicants have superannuated on the respective actual dates of their retirement. In other words, the claim of the applicants were rejected on the ground that they were not found eligible before the cut off date and the applicants did not retire by virtue of VRS but retired on the date of their natural superannuation.
3. Learned counsels for the applicants admit that their respective claims under LARSGESS Scheme have been rejected by the respondent-Railways initially on the ground of ineligibility on one account or the other, not meeting the eligibility criteria and later on, on reconsideration of their cases in the light of this Tribunal's directions, reiterating the original grounds of ineligibility as well as the ground that the Scheme has been discontinued by the Union of India on 27.10.2017.
4. On the other hand, in their reply, the respondents have submitted that the LARSGESS Scheme under which the applicants are seeking their retirement and appointment 32 OA No. 620/2013 with other 45 connected OAs of their Wards has been discontinued / withdrawn by the Union of India, as such, the applicants cannot invoke the same. They have further stated in their reply that screening of the particulars of the employees as well as their Wards was an essential feature of the LARSGESS Scheme to decide their eligibility and they were to be screened on the basis of the eligibility criteria set in the LARSGESS Scheme. They have also stated that the Railways had put the Scheme on hold vide order dated 27.10.2019 and the Scheme had been terminated eventually by order dated 05.03.2019 and the same had been accepted by the Hon'ble Supreme Court vide order dated 06.03.2019. Accordingly, the Scheme stood terminated with effect from 27.10.2017 and prior to the cut off date, the applicants were not found eligible, as such, the claims of their Wards for appointment were denied. The respondents have further emphasised that the employees who applied for appointment of their Wards, were not voluntarily retired and rather retired after completion of their full service tenure on their respective dates of natural superannuation. Therefore, their Wards were not eligible for appointment under the LARSGESS Scheme.
5. Heard both sides and perused the material available on record.
33OA No. 620/2013 with other 45 connected OAs
6. On 2 January 2004, the Railway Board under the Union Ministry of Railways introduced a scheme known as the Safety Related Retirement Scheme for the categories of Gangmen and Drivers. The scheme was intended to cover these "two safety categories" since the working of Drivers and Gangmen was perceived to have a crucial bearing on train operations and track maintenance. Taking note of the fact that the reflexes of the staff recruited to these categories and their physical fitness might deteriorate with advancing age, causing a safety hazard, the Scheme laid down certain stipulations, terms and conditions of eligibility criteria. On 11 September 2010, the Railway Board notified that the benefit of the scheme would be extended to other safety categories of staff with a grade pay of Rs.1800/- per month. The period of qualifying service was reduced from 33 years to 20 years and the eligible age group from 55-57 to 50-57 years for seeking retirement under the scheme. The nomenclature of the scheme was modified to read as Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff ("LARSGESS Scheme"). The qualifying service period of 33 years and the age group of 55-57 years was to remain unchanged for Drivers.
7. The LARSGESS Scheme came under challenge before the Hon'ble Division Bench of the Hon'ble High Court of 34 OA No. 620/2013 with other 45 connected OAs Punjab and Haryana in the case of Kala Singh vs. Union of India (CWP No. 7714 of 2016). In that case, there was a challenge to an order of the Central Administrative Tribunal by which it dismissed the original application filed by employees of the Railways seeking the postponement of the dates of their voluntary retirement to the date on which their wards were appointed by the Railways under the LARSGESS Scheme. In the said case, the Division Bench of the Hon'ble High Court vide its order dated 27th April, 2016 had observed as under:-
"We have heard learned counsel for the petitioners and are of the view that the very foundation of their claim, namely, the Safety Related Retirement Scheme, prima facie, does not stand to the test of Articles 14 and 16 of the Constitution of India. This policy is a device evolved by the Railways to make back- door entries in public employment and brazenly militates against equality in public employment."
The Hon'ble High Court while dismissing the writ petition directed the railway authorities to revisit its validity and sustainability keeping in view the principles of equal opportunity and elimination of monopoly in holding public employment before making any appointment under the "offending policy".
8. On 26 September 2018, the Railway Board notified its decision to terminate the LARSGESS scheme in view of the observation of the Hon'ble Punjab & Haryana High Court in the case of Kala Singh (supra). Subsequently, on 28 35 OA No. 620/2013 with other 45 connected OAs September 2018, the following decision was notified by the Railway Board:
"In supersession to Railway Board's letter No. E(P&A)I2015/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 court 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 whole 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."
In the above backdrop, the following decision was taken on 5 March 2019 with regard to the appointment of wards under the LARSGESS Scheme where formalities were completed before 27 October 2017:
"2. As regards the cases where the wards had completed all formalities including Medical examination under LARSGESS Scheme prior to 27.10.2017 and were found fit, but the employees are yet to retire, the matter is pending consideration before the Hon'ble Supreme Court and further instructions would be issued as per directions of the Hon'ble Court."
9. Consequently, it appears that an application (IA No. 18573/2019, in Miscellaneous Application No(s). 346/2019 in Miscellaneous Application No(s). 1202/2018 in Petition for Special Leave to Appeal No.508/2018) was moved before the Hon'ble Supreme Court in Union of India v. Kala Singh, 2019 SCC Online SC 1965 . By an order dated 6 March 2019, a two-Judges Bench of the Hon'ble Supreme Court observed as follows:-
36
OA No. 620/2013 with other 45 connected OAs "3. Since the Scheme stands terminated and is no longer in existence, nothing further need be done in the matter."
10. In the case of Manjit v. Union of India, reported in 2021 SCC OnLine SC 49, the petitioners approached the Hon'ble Supreme Court seeking a mandamus directing the Union of India and the Railways to appoint them in terms of the LARSGESS Scheme. Declining to accede to the request, the Hon'ble Supreme Court had observed as follows:-
"6 The reliefs which have been sought in the present case, as already noted earlier, are for a writ of mandamus to the Union of India to appoint the petitioners in their respective cadres. A conscious decision has been taken by the Union of India to terminate the Scheme. This has been noticed in the order of this Court dated 6 March 2019, which has been extracted above. While taking this decision on 5 March 2019, the Union of India had stated that where wards had completed all formalities prior to 27 October 2017 (the date of termination of the Scheme) and were found fit, since the matter was pending consideration before this Court, further instructions would be issued in accordance with the directions of this Court. Noticing the above decision, this Court, in its order dated 6 March 2019, specifically observed that since the Scheme stands terminated and is no longer in existence, nothing further need be done in the matter. The Scheme provided for an avenue of a back door entry into the service of the railways. This would be fundamentally at odds with Article 16 of the Constitution. The Union government has with justification discontinued the scheme. The petitioners can claim neither a vested right nor a legitimate expectation under such a Scheme. All claims based on the Scheme must now be closed."
11. As such, the termination of LARSGESS Scheme attained finality and also the issue of the claims in pursuance to the LARSGESS Scheme also were put on rest by the Hon'ble Supreme Court in the case of Manjit vs. UOI (supra), (as mentioned in the preceding para), holding that all claims based on the Scheme must 37 OA No. 620/2013 with other 45 connected OAs now be closed. In other words, the Hon'ble Supreme Court had observed that: (i) the grant of reliefs to the petitioners would only enable them to seek back door entry; (ii) the Union of India had correctly terminated the scheme; and (iii) no person can claim a vested right or legitimate expectation under the scheme.
12. Subsequently, in the case of the Chief Personnel Officer & Ors. vs. A Nishanth George (Civil Appeal No. 294 of 2022), the Hon'ble Supreme Court vide its order dated 25th January, 2022 has dealt with the similar facts as in the present set of OAs wherein the claim of the applicant under LARSGESS Scheme was rejected by the respondent- Railways on the ground that the applicant was declared unfit in the medical examination and also on the ground that the father of the applicant had retired on natural superannuation rather than VRS. In the said matter, the Hon'ble Madras High Court at its Madurai Bench had allowed the petition of the applicant. However, the Hon'ble Supreme Court in the above said matter while considering the complete adjudication history till then allowed the appeal of the respondent-Railways while setting aside the judgments of the Madurai Bench of the Hon'ble Madras High Court, holding as under: -
"25 The Tribunal in the present case dismissed the OA filed by the respondent noting that the constitutional validity of the 38 OA No. 620/2013 with other 45 connected OAs scheme was suspect and that moreover the father of the respondent had retired on attaining the normal age of superannuation. On a considered view of the matter, we hold that there was no error in the judgment of the Tribunal. We have addressed in detail the history of the LARSGESS scheme and the doubt expressed on its validity by the Division Bench of the Punjab and Haryana High Court in Kala Singh (supra) which eventually led to the decision of the Union government to terminate the scheme. While noticing the above backdrop, the three judge Bench of this Court in Manjit (supra) clearly noted that the Scheme provided an avenue for backdoor entry into service and was contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment. In this backdrop, the impugned judgment of the High Court of Madras issuing a mandamus for the appointment of the respondent cannot be sustained."
13. Learned counsels for the respondents have also placed before us the judgment of the Hon'ble High Court of Jharkhand at Ranchi in the case of Rajendra Choudhary and Ors. vs. The State of Jharkhand and Ors. [WP (S) No. 3231 of 2019] decided on 20.03.2023, the relevant portion of the same reads as under: -
3. Mr. Anil Kumar Sinha, learned senior counsel being assisted by Mr. Raunak Sahay, learned counsel for the petitioners has taken the ground that even though the LARGESS Scheme has been said to be held invalid/unconstitutional by the Court of law but the benefit of it has already accrued in favour petitioner on the ground that the day when such application was filed the LARGESS Scheme was in existence since the same was not declared unconstitutional by any Court of law till date.
4. On the other hand, learned counsel for the respondents-
Union of India has submitted that position of law in this regard is that when any policy decision/rule/statute is being held to be invalid it will be said that it was never in existence. Here, in the instant case since the Scheme itself was held invalid and merely because application was filed prior to holding the Scheme to be invalid no right is accrued upon the writ petitioner for consideration of his case on the basis of said Scheme. xxxxx
5. We having heard learned counsel for the parties and on appreciation of rival submissions, are of the view that the fact which is required to be considered is as to whether the day when the application was filed under LARGESS Scheme and it was not held invalid by the Court of law, in that circumstance 39 OA No. 620/2013 with other 45 connected OAs any right subsists upon the petitioner for consideration of his case on the basis of said scheme?
6. The law is well settled to the effect that when validity of any mandate either mandated by the statute or policy decision if held to be invalid the implied meaning of the same will be that the said mandate was never in existence.
Reference in this regard be made to the recent judgment rendered by Hon'ble Apex Court in State of Manipur and Others vs. Surjakumar Okram and Others reported in 2022 SCC OnLine SC 130, wherein the Hon'ble taking into consideration various judgments on the issue has laid down as under:
"28. The principles that can be deduced from the law laid down by this Court, as referred to above, are:
I. A statute which is made by a competent legislature is valid till it is declared unconstitutional by a court of law.
II. After declaration of a statute as unconstitutional by a court of law, it is non est for all purposes.
III. In declaration of the law, the doctrine of prospective overruling can be applied by this Court to save past transactions under earlier decisions superseded or statutes held unconstitutional.
IV. Relief can be moulded by this Court in exercise of its power under Article 142 of the Constitution, notwithstanding the declaration of a statute as unconstitutional.
29. Therefore, it is clear that there is no question of repeal of a statute which has been declared as unconstitutional by a Court. The very declaration by a Court that a statute is unconstitutional obliterates the statute entirely as though it had never been passed. The consequences of declaration of unconstitutionality of a statute have to be dealt with only by the Court."
7. This Court on the basis of aforesaid proposition is now proceeding to examine the factual aspect in order to test the legality and propriety of the impugned order. The petitioner made application seeking appointment under LARGESS Scheme when it was in existence but the said scheme was questioned by the Railway Board before the High Court of Punjab & Haryana wherein the said scheme was held invalid/unconstitutional. The matter travelled to the Hon'ble Apex Court wherein the order passed by the High Court was affirmed in SLP(C) No. 508 of 2018 vide order dated 08.01.2018.
The Tribunal, after knowing the fact of declaration of the said Scheme to be unconstitutional by the Court of law refused to grant relief and dismissed the Original Application. 40 OA No. 620/2013 with other 45 connected OAs Even though the application so made by the petitioner was lying pending before the authority concerned there is no statutory obligation upon the respondents to take decision on the basis of said LARGESS Scheme.
The Tribunal, taking into consideration the fact that the LARGESS Scheme itself was declared unconstitutional and further the father of petitioner no. 2 retired from service, held that the petitioner no. 2 (applicant) does not have any vested right to claim appointment. Accordingly, the claim of the petitioner was rejected.
8. This Court, taking into consideration the aforesaid aspect of the matter particularly the fact that the LARGESS Scheme itself was declared invalid and further father of petitioner no. 2 retired from service as such the claim of the writ petitioner has become infructuous, is of the view that the order passed by the tribunal requires no interference by this Court."
14. In the light of the above, it is crystal clear that not only the termination of the LARSGESS Scheme attained finality, the issue of all the pending claims invoking to the Scheme have also been adjudicated upon in subsequent pronouncements whereby all the claims based on the above Scheme have been closed and any appointment if allowed to be made in pursuance to the above Scheme is not only void (since the same has been considered and declined by the Hon'ble Supreme Court as mentioned in preceding paras) but would also amount to back door entry into the service of the Railways as it is against the constitutional scheme and also against the ratio as set out by the Hon'ble Constitution Bench of the Hon'ble Supreme Court in the case of State of Karnataka vs. Uma Devi, reported in (2006) 4 SCC 1.
41OA No. 620/2013 with other 45 connected OAs
15. In view of the above observations, all the present Original Applications deserve to be dismissed and the same are hereby dismissed accordingly. No order as to costs.
16. In view of the order passed in the Original Applications, all the pending Misc. Application(s), if any, are disposed off.
(LOK RANJAN) (RANJANA SHAHI) ADMINISTRATIVE MEMBER JUDICIAL MEMBER /nlk/