Awtar Singh vs Union Of India & Others
2022 Latest Caselaw 1384 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      W.P (S) No. 2595 of 2020

              Awtar Singh                            ---           --- Petitioner
                                              Versus
              Union of India & others                ---          ---    Respondents
                                                    ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan

---

              For the Petitioner:       Mrs. M.M. Pal, Sr. Advocate
              For the Respondents:      Mr. Prashant Pallava, ASGI
                                          ----
09 / 07.04.2022      Mrs. M.M. Pal, learned senior counsel for the petitioner has referred to

the findings of the learned CAT in the impugned judgment and submits that though learned Tribunal has affirmed that the applicant's case was covered under the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS), but it has returned an erroneous finding that lowest recruitment grade of Driver / Loco Pilot is not Gangman. Learned counsel for the applicant has referred to the LARSGESS Scheme dated 03.07.2017 at page-49-50 of the writ petition and submitted that the eligibility qualifications of 10th pass prescribed have been fulfilled by the applicant as he is a Bachelor in Commerce pass. The criteria for educational qualification at page-50 makes it obvious that qualification of ITI cannot be read in conjunction with 10th pass as expression used 'or' is disjunctive expression. Recruitment to the post of Loco Pilot takes place both from the promotional and direct recruitment sources and the applicant's father had come into the cadre of Loco Pilot from the promotional cadre quota of 50% starting from the basic post of Shed Khalashi and promoted to Technician Grade-III in GP Rs. 1900/- and thereafter to Assistant Loco Pilot. The lowest recruitment grade therefore, to which the applicant ought to be considered, is the basic grade on which applicant's father was appointed and promoted up to the post of Assistant Loco Pilot. The reasoned order at Annexure-7 passed by the Respondent in compliance of the direction of this Court dated 21.06.2018 passed in WPS No. 1241/2016 also suffers from the same erroneous interpretation of the eligibility conditions.

2. Learned ASGI appears for the Respondent Railways and seeks short indulgence to obtain instruction on these points since counter affidavit does not contain specific reply on this issue.

3. As prayed for, two weeks' time is allowed. However, no further time should be sought since the matter is pending for two years now and relates to appointment under LARSGESS Scheme. List the case on 28.04.2022.

4. Let the name of Mr. Prashant Pallav, learned ASGI be reflected in the cause list henceforth for the Respondent.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) Ranjeet/