Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS) – Scheme put on hold
No.E(P&A)I-2015/RT-43, dated 27.10.2017
Sub: SLP (C) CC No.4482/2017 titled UOI & Ors. V/s Kala Singh & Ors. Retired Loco Pilot Mail/FZR – OA No.1333/2011, CWP No.7714/2016.
Ref: Northern Railway’s letter No.21-SC-SLP-HQ-16-LCP, dated 26.07.2017, Northern Railway’s letter No.21-SC-SLP-HQ-16-LCP, dated 22.08.2017 and Northern Railway’s letter No.21-SC-SLP-HQ-16-LCP, dated 07.09.2017
1. With the reference to above referred letters on the case related to the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS), the proposal for filing an SLP has been under consideration in Board’s office in consultation with the Legal Directorate of the Railway Board and the Ministry of Law and Justice against the order of Hon’ble High Court of Punjab and Haryana at Chandigarh in Review Application (RA-CW-330-2017) dated 14.07.2017 titled Kala Singh & Ors. Vs UOI & Ors. The Hon’ble High Court has found “that such a policy was prima facie violative of article 14 & 16 of the Constitution of India” and directed the Railways “to revisit the offending policy keeping in view the principle of equal opportunity in public employment before further appointments are made. Such a direction was necessitated keeping in view the mandate of the Constitution Bench in Secretary, State of Karnataka and Ors. vs. Uma Devi (2006) 4 SCC 1”. The Ld. Solicitor General of India has opined to file the SLP. In view of the opinion of Ld. SG, it has been decided to file an SLP in the Hon’ble Supreme Court.
2. A draft SLP as received from the Central Agency Section, Supreme Court of India has been supplemented at this end and is enclosed. It may be insured that the draft SLP should be in line with the policy instructions issued from time to time in respect of LARSGESS. The final SLP to be filed before the Hon’ble Supreme Court may be prepared suitably in consultation with a Senior and experienced Railway Advocate and verified for factual accuracy.
3. Since, this case involves the policy of LARSGESS having wide ramification, it should be monitored by the Principal CPO personally so that there are no lapses in contesting the case. All efforts should be made to file the SLP on priority. A copy of SLP filed may be sent to this office. Board should be kept apprised of the development in the case from time to time.
4. Keeping in view the aforesaid, it has also been decided to keep the LARSGESS on hold till further orders.
Download Railway Board Circular dated 27.10.2017
Forward reference⇒RBE No.150/2018