Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Appointment scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Appointment scheme – Railway Board under Union Railways Ministry introduced a scheme known as the Safety Related Retirement Scheme for the categories of Gangmen and Drivers – Drivers and Gangmen could seek voluntary retirement – When the application for retirement is accepted, employment would be considered for a ‘suitable ward’ of the employee, subject to suitability – Scheme later modified to Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (“LARSGESS Scheme”) – Safety staff in the age group of 50-57 years could now seek voluntary retirement – By notification dated 28 September 2018, Railway Board decide to terminate the LARSGESS scheme with the direction that no further appointments should be made under the Scheme except in cases of “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” – A two judge bench of Supreme Court held that since the Scheme stood terminated and was no longer in existence, nothing further needed be done in the matter – In a subsequent case, a three-judge bench of the Supreme Court held that the Union of India had correctly terminated the scheme; no person could claim a vested right or legitimate expectation under the scheme; and that all claims based on the Scheme must now be closed – In the instant case, appeals filed against the decisions of High Court whereby the benefit of the Scheme was extended to the respondents’ fathers on the ground that they had retired before the cut off date of 27.10.2017 – Held: It needed determination if the claims of the respondents were covered by the exception clause in the notification issued on 28 September 2018 – The 28 September 2018 notification clearly envisaged that in spite of the termination of the LARSGESS scheme, appointments under the scheme could only be made if (i) the staff had voluntarily retired (and not naturally superannuated) under the scheme before 27 October 2017; and (ii) appointment of the ward was not made because of ‘formalities’ which remained – The exception does not cover all pending claims – The benefit of the LARSGESS Scheme could not be extended where an employee had attained the age of superannuation in the normal course before 27 October 2017 – The respondents’ fathers superannuated on 31 May 2016 and on 31 December 2014 respectively – The respondents cannot claim any vested right under the scheme – Discretion to accept the request for retirement will vest with the administration depending on the suitability of the wards for appointment in the same category as the employee – Therefore, the respondents cannot be brought within the purview of the exception merely because the claim was made before 27 October 2017 – Furthermore, individual cases of the respondents’ do not hold any merit. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 92 |
Petitioner | The Chief Personnel Officer & Ors. |
Respondent | A Nishanth George |
SCR | [2022] 16 S.C.R. 289 |
Judgement Date | 2022-01-25 |
Case Number | 294 |
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