JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Leave granted.

2. In the two appeals which have come up for adjudication there is a challenge to the judgments dated 21 March 2018 and 3 September 2019 of the Madras High Court at its Madurai Bench. Since similar questions of law arise in these appeals, both the special leave petitions have been tagged and the arguments have been addressed together.

3. On 2 January 2004, the Railway Board under the Union Ministry of Railways introduced a scheme known as the Safety Related Retirement Scheme for the categories of Gangmen and Drivers. The scheme was intended to cover these “two safety categories” since the working of Drivers and Gangmen was perceived to have a crucial bearing on train operations and track maintenance. Taking note of the fact that the reflexes of the staff recruited to these categories and their physical fitness might deteriorate with advancing age, causing a safety hazard, the scheme incorporated the following provisions:

(i) Drivers and Gangmen in the age group of 55-57 could seek voluntary retirement.

(ii) When the application for retirement is accepted, employment would be considered for a ‘suitable ward’ of the employee.

(iii)