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2021 Supreme(SC) 44

D. Y. CHANDRACHUD, INDIRA BANERJEE, SANJIV KHANNA
Manjit – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Raj Kishor Choudhary, AOR, Mr. Shakeel Ahmed, Adv., Mr. Anupam Bhati, Adv., Ms. Malvika Raghavan, Adv., Mr. Nakul Chaudhary, Adv., Mr. H.S. Mann, Adv.

JUDGMENT :

Dhananjaya Y Chandrachud, J

1. Invoking the jurisdiction under Article 32 of the Constitution, the petitioners seek the following reliefs:

    “(a) Issue a writ in the nature of mandamus directing the respondent to appoint the petitioners in their respective cadres; and

    (b) Issue any other appropriate writ, order or direction in the facts and circumstances of the case.”

2. The dispute in the present case relates to a scheme, popularly termed as the Larsgess Scheme, which had been adopted by the Railway Administration previously. The Punjab and Haryana High Court passed orders on 27 April 2016 and 14 July 2017 requiring the Union of India to reconsider the Scheme. The orders of the High Court were evidently based on the fact that the Scheme provided for an entry into service for certain wards of serving employees without undergoing a competitive selection consistent with the requirement of Articles 14 and 16 of the Constitution. On 8 January 2018, in SLP (C) No 508 of 2018, arising from the judgment and order of the High Court of Punjab and Haryana dated 14 July 2017 in RP No 330 of 2017, this Court directed the Union of India to take a conscious decision within a period of six


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