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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
BLW PSS-04 · 2018-10-01
Circularstaff-establishment
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| Circular number | BLW PSS-04 |
|---|---|
| File number | E(P&A)I-2015/RT-43 |
| Date | 2018-10-01 |
| Type | BLW Establishment Circular |
| Topic | staff-establishment |
| Official source | blw.indianrailways.gov.in |
Summary
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. BLW / DLW Establishment collection: PSS-Promotion, Selection and Serving Staff Matter. BLW reference: PSS-04,GM(P)/ER/Pss-Pt-1. Railway Board reference: E(P&A)I-2015/RT-43 dated 2018-09-26.
Text of the circular
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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 BLW PSS-04 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. BLW / DLW Establishment collection: PSS-Promotion, Selection and Serving Staff Matter. BLW reference: PSS-04,GM(P)/ER/Pss-Pt-1. Railway Board reference: E(P&A)I-2015/RT-43 dated 2018-09-26.
Historical source collection. Check subsequent amendments and the linked original before relying on the policy. Displayed date is the BLW forwarding date in its catalogue; the Railway Board letter may have an earlier date.
sTrrfrqla &ild'rrn{) #rfrtiliilrirrrtrrErT Ertror$- 22too4 trr(d INDIAN RAILWAYS (MINISTRY OF' RAILWAYS) DIESEL LOCOMOTIVE WORKS VARANASI _ 221004, INDIA PSS.O4 No.GM(P)/ER/Pss-Pt-1 All Concerned Dlw/Varanasi, Kolkata, Sealdah, Camp Office, New Delhi.
Copy:-* Joint secretary And other staff council members.
* Secretary SC/ST Association.
* Secretary OBC Association.
.E Secretary, RREA/DLW.
Office of the cM(P) Date- 01 .10.2018 Sub:-Termination of the LARSGESS Scheme in view of directions of Hon'ble High Court of Punjab and Haryana and the orders of Hon'ble Supreme court of India in SLP(C) No.508/2018 dated 08.01.2018.
A copy or Railway Board's ,#:-ffiTL*orr-ro,s/Rr-43, dated-26.0s.2018 is forwarded herewith for information and guidance.
DA:-Annexure -01 (One pages) ,nnffi'rd'o Assistant personnel O ffi cer/Staff For General Manager(P)
oQr\\\dtr \ w:w{/ q]-{tr Sd{-;rUG,overn ment of I ndia trr {ryr-,q-qlMinistry of Railways H n-$tnaitway Board V"h R.B;E. NO. t60d A0{B Dated: 26.09.20{ I Hn'E{P&A}1.10:''S/RT.4A Tte General Managers, A,l*lndian Raitways" (Attn CpOs;
sub: Termination of the LARSGE$$ scheme in view of directions of Hon,ble High court of Punjab and Haryana and the orr:ers of Hon,ble-irr;" court of lndia in SLp (C) No. S0B/2018 dated 08.01.201s.
Ref: Board's letter. of even r;umber dated 27. 1A.2O1T The l-"lon'ble Punjab and Haryaira High Court in its juclgement dated 27.04.16 in CWp No.
7714 af 2016 had hcld that the saiety Retiled netirement scheme 2004 (later renamed as the Liberalised Active Retirement Scheme for. cuaranteed e*pioyr"nt for safeiy staff {LARSGESS}, 2010) "prima facie does not stand to the lesf of Artict*s tq and 16 of the constitution of lndia., tt had directed "before. making any appointment uncler the affending poticy, let its vatid;ty and sustainability be revisited keeping in vrcw the principtes of equat ,bpiriiiiv and etimination of monopoly in holding luPlj" employment." Thereafter, in its judgemenr oateo M.a7.17 (,Review Petition RA-CW-350-2017 in CWP No.7714 r:f 2016),ir',e uon'ut6 High Courtieiterated its eartier direction and stated "sttch a direction m/as /?eces sitated keeping in view the mantlate of the constitution Bench ln sfate of Karnataka vs. tJma Devi, l,zooaj I scc t.,, 1 1 ln the Appeal against the judgement of the Hon'bie High Court of punjab & Haryana, ihe ilgn'rtle suprent= Courl of lndia, while disposiirg of the SLP [c1 r,ro soelzora rride its order cjt.
8.01.18, declined to interfere with the directiuis oiilie Higl.., couit.'
2.
ln compliance with the abore directions, Ministry,:f Fiailways have revisited the scheme ci"rly obtaining legal opinion and consulted Ministry of Law & Jusiice. Acco,ciingly, it has been decided to terminate the LARSGESS scheme w.e'.!.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 retlred under the LARSGESS scheme before 27.10.17 (but not normally superannuated) and their wards corrld not be appointed due to the Sche,-ne having been put on hold in terms of Board's letter date.) 27iA
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