The termination of the Liberalized Active Retirement Scheme for Guaranteed Employee for Safety Staff was justified as it contravened Article 16 of the Constitution, denying petitioners any vested rights or legitimate expectations.

JUDGMENT

Sanjeev Sachdeva, J. (ORAL)

1. Petitioners in W.P.(C) Nos.10703/2019 and 10693/2019 impugn judgments dated 18.08.2017 and 16.01.2019 respectively, passed in their respective Original Applications, whereby the Original Applications seeking grant of benefits under the Liberalized Active Retirement Scheme for Guaranteed Employee for Safety Staff (in short, `LARSGESS Scheme') was dismissed.

2. Petitioners/Union of India in W.P.(C) Nos. 755/2017 and 2607/2017 impugn judgments dated 09.09.2016 and 17.10.2016 respectively, passed in the respective Original Applications, whereby a direction has been issued to the Petitioner/Union of India to grant benefit to the Petitioners therein of the LARSGESS Scheme.

3. Petitioners in the Original Applications before the Tribunal had all claimed benefits under the LARSGESS Scheme. Petitioners had failed to qualify the aptitude test in their first attempt and were seeking a direction for extension of the benefit of a second chance to appear in the aptitude test.

4. As noticed hereinabove, two Original Applications were dismissed while two other Original Applications were allowed.

5. Original Applications which were dismissed, were dismissed referring to the order of Punjab and Haryana High Court requiring Union of India to reconsider the Scheme. Said direction was issued by Punjab and Haryana High Court in successive petitions noticing that the Scheme provided for an entry to the service without undergoing a competitive selection process.

6. All the Original Applicants in the present petitions are the ones who have not qualified the aptitude test in their first attempt and are seeking a second opportunity at the aptitude test.

7. Judgment of the Punjab and Haryana High Court became subject matter of challenge in SLP(C) 508/2018, wherein the Supreme Court by order dated 08.01.2018 directed Union of India to take a conscious decision in the matter.

8. Pursuant to the directions issued by the Punjab and Haryana High Court and the Supreme Court of India, Union of India on 05.03.2019 took a decision to terminate the Scheme. The decision of the Union of India dated 06.03.2019 is as under :

"In compliance of the directions of the Hon'ble Punjab and Haryana High Court dated 27.04.2016 in CWP No.7714 of 2016, dated 14.07.2017 in RA-CW-330-2017 and Orders of Hon'ble Supreme Court dated 08.01.2018 in SLP (C) No.508/2018, Ministry of Railways have revisited the LARSGESS Scheme duly obtaining legal opinion and consulted Ministry of Law and Justice. Accordingly, it has been decided to terminate the LARSGESS Scheme w.e.f. 27.10.2017 i.e. the date from which it was put on hold. Therefore, no further appointments should be made under the Scheme subject to position mentioned in para 2 below.

2. As regards the cases where the wards had completed all formalities including Medical Examination under LARSGESS Scheme prior to 27.10.2017 and were found fit, but the employees are yet to retire, the matter is pending consideration before the Hon'ble Supreme Court and further instructions would be issued as per direction of the Hon'ble Court."

9. Pursuant to the said decision of the Union of India, miscellaneous application was filed before the Supreme Court in SLP (C) No.508/2018, titled Union of India vs. Kala Singh and Ors. On 06.03.2019, Supreme Court noticing the decision of the Union of India to terminate the LARSGESS Scheme, held that nothing further needed to be done in the matter as the Scheme stood terminated.

10. Subsequently, a writ petition under Article 32 of the Constitution