CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No.243/2025 with Misc. Application No.206/2025 Date of Order : 31.10.2025 CORAM HON’BLE Mr. JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr. AMIT SAHAI, MEMBER (A)

Mohd. Ikram Khan son of Shri Gulam Nabi, aged about 37 years resident of Rampura Basti, Gali No.7, Lalgarh, Bikaner-344001, At present terminated from the post of Helper Elect. (Power) from the office of Senior Divisional Personnel Office, NWR, Bikaner.

…..Applicant By Advocate: Mr. Manoj Bohra Versus

1. Union of India through General Manager, North-Western Railway, Head Quarter Jaipur Zone, Near Jawahar Circle, Jaipur-302001.

2. Senior Divisional Personnel Officer, NWR, Bikaner Division, Bikaner-344001.

3. Divisional Rail Manager (Personnel), North-Western Railway, Bikaner-344001.

4. Assistant Personnel Officer, North Western Railway, Bikaner-

344001.

...... Respondents By Advocate: Mr. B.L. Tiwari RADHE SHYAM SONGARA ORDER (ORAL)

Per Hon’ble Mr. Justice Rameshwar Vyas, Member (J)

After receiving an advance copy of the OA, Mr. B.L. Tiwari, Sr. CGSC, appears on behalf of the respondents.

2. Heard learned counsel for the parties and perused the material available on record.

3. Facts of the case in brief are as under:-

3.1 Railway Board vide RBE No.4/2004 dated 02.01.2004 (Annexure-A/3) introduced a Safety Related Retirement Scheme wherein some categories of employees in a certain age group may seek retirement and thereafter employment to a suitable ward of the employee was considered. This Scheme launched by the Railway Board has been named as ‘Liberalized Active Retirement Scheme for Guaranteed Employment for Safety (LARSGESS). Initially this Scheme was for the post of Drivers and Gangmen only, which was amended vide order dated

11.09.2010 (Annexure-A/4).

3.2 As per the facts of the case, the father of the applicant Gulab Nabi was working on the post of Helper Electricity (Power) against whom, the applicant vide order dated 07.09.2012 (Annexure-A/7) was appointed under the LARSGESS Scheme on the post of Helper/Electricity in the pay band of Rs.5200-20200 with grade pay of Rs.1800. It is the case of the applicant that the father of the applicant falls in the category of safety with grade pay of Rs.1800/- as such he was eligible for taking benefit of the said retirement scheme. Vide order dated 01.12.2014 (Annexure-A/10), some clarifications were issued by the Railway Board with regard to qualifying services for eligibility to apply this Scheme. In the clarification, it has been mentioned that the past cases decided by the Railways need not be reopened.

3.3 After lapse of more than one year of appointment of the applicant, the respondent authority has issued a show cause notice dated 09.09.2015 (Annexure-A/11) asking the applicant to furnish reasons by 30.09.2015 as to why his services should not be terminated since category of the post to which his father belongs do not fall in the category of safety related post. The applicant filed a detailed reply on 20.09.2015 (Annexure-A/12). He also challenged the above show-cause notice by filing OA No.400/2015 wherein this tribunal while granting the interim relief restrained the respondents to take any final decision regarding termination of services of the applicant. After filing of the reply to the said OA, the matter was heard and decided on merit, whereby, this tribunal while terming the LARSGESS Scheme as unconstitutional, ultra vires and illegal rejected the prayer of interim relief claimed for by the applicant vide its order dated 05.02.2016. Thereupon, the applicant approached the Hon’ble High Court of Rajasthan by filing DB Civil Writ Petition No.14585/2016 which vide its order dated 17.05.2017 remanded the matter back for fixing a date for further proceedings in that OA. Thereafter, the matter was again heard and dismissed by this tribunal vide its order dated 04.08.2023. Against which, the applicant has filed DB Civil Writ Petition No.16608/2023, wherein t