LARSGESS Scheme in Railways though terminated past cases to be considered
LARSGESS Scheme Terminated on account of Court Verdict. But past cases withheld can be considered with approval competent authority
What is LARSGESS Scheme?
Safe rail operation, being an overriding priority of both the management and the entire railway workforce, this issue has been repeatedly deliberated at various levels with a view to formulate improvements therein. At one point of time, Ministry of Railways felt that, basic hurdles in the safety of the Railways should be discussed threadbare with the grassroots workers working in the field in various safety categories, and consequently two “All India” major “Safety Samvads” were held at New Delhi(in National Rail Transport Museum, Chanakya Puri), on 12-13.07.2003 and Allahabad 03.11.2003 respectively, wherein the then Hon’ble Minister for Railways, Shri Nitish Kumar, preferred to directly interact with the grassroots workers employed in the safety categories, who are primarily responsible for safe rail operation. After thoroughly deliberating all the aspects it was concluded that, ageing effect is a major contributory factor on the performance of human beings and the reflexes get deteriorated with the growing age.
Internal working conditions also have serious impact on the health and reflexes, therefore, it was concluded that, a “Safety Related Voluntary Retirement Scheme” should be invoked in the categories of the Loco Pilot and Trackmen, which are most vulnerable categories, so far as safety of rail operation is concerned, hereafter this scheme came into effect and the Loco Pilots and Trackmen, with the prescribed pre-condition, were allowed to opt for this scheme with the facility of appointment of their wards, fulfilling all open market recruitment conditions, as Asstt. Loco Pilot and Trackmen respectively.
Since the aforementioned Safety Related Voluntary Retirement Scheme had proved to be beneficial for railway safety, this was further extended to certain other safety categories, after giving thorough consideration, in the revised nomenclature of the “LARSGESS”.
Government of India
Ministry of Railways
R.B.E. NO. 150/2018
The General Managers
All Indian Railways
Sub: Termination of the LARSGESS Scheme in view of directions of Hon’ble High Court of Punjab and Haryana and the orders of Hon’ble Supreme Court of India in SLP (C) No. 508/2018 dated 08.01.2018.
Ref: Board’s letter of even number dated 27.10.2017
The Hon’ble Punjab and Haryana High Court in its judgement dated 27.04.16 in CWP No 7714 of 2016 had held that the Safety Related Retirement Scheme 2004 (later renamed as the Liberalised Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS) 2010) “prima facie does not stand to the test of Articles 14 and 16 of the Constitution of India” it had directed ‘before making any appointment under the offending policy let its validity and sustainability be revisited keeping in view the principles of equal opportunity and elimination of monopoly in holding public employment.” Thereafter, in its judgement dated 14.07.17 (Review Petition RA-CW-330-2017 in CWP No. 7714 of 2016), the Hon’ble High Court reiterated its earlier direction and stated such a direction was necessitated keeping in view the mandate of the Constitution Bench in State of Karnataka Vs. time Devi, (2006) 4 SCC 1.”
1.1 In the Appeal against the judgement of the Hon’ble High Court of Punjab & Haryana, the Hon’ble Supreme Court of India, white disposing of the SLP (C) No. 508/2018 vide its order dt 8.01.18, declined to interfere with the directions of the High Court.
2. In compliance with the above directions, Ministry of Railways have revisited the scheme duly obtaining legal opinion and consulted Ministry of Law 8 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
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Hindi version will follow.
(N P Singh)