ORDER :

Heard learned senior counsel for the petitioner and learned counsel for the Railways.

2. Applicant’s claim for employment under LARSGESS Scheme (Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff) was rejected on 23.12.2016. Learned Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi vide order dated 18.12.2019 (Annexure-6), impugned herein, dismissed the O.A. No. 051/00212/2017 wherein the order of rejection dated 23.12.2016 was challenged, holding as under:

“8. Since the Hon’ble Punjab and Haryana High Court held that the LARSGESS Scheme does not stand to the test of Article 14 and 16 of the Constitution of India. In the appeal against the said judgment, the Hon’ble Apex Court declined to interfere with the directions of the Hon’ble High Court of Punjab and Haryana High Court. Considering the same, the respondents Railway Board has terminated the LARSGESS Scheme. However, vide Railway Board decision dated 28.09.2018 RBE No.151/2018, decided to impart natural justice to the staff who have already retired under LARSGESS scheme before 27.10.2017 [but not naturally superannuated] an appointment of whose wards was not made due to various formalities, appointment of such of the wards/candidates can be made with the approval of the competent authority. Therefore, the applicant’s grievance cannot be tenable in view of aforesaid circular issued by the respondents.

9. We are of the considered opinion that since the LARSGESS Scheme has been declared as not stand to the test of Article 14 and 16 of the Constitution of India [by the Hon’ble High Court of Punjab and Haryana] and the respondents have terminated the said scheme except the employees of Railway who meet with criteria laid down in their circular dated 28.09.2018, i.e. RBE 151/2018. Under the facts and circumstances, we are not inclined to interfere with the decision taken by the respondents for not accepting the claim of the applicant for employment of his ward under the LARSGESS Scheme.

10. Accordingly, the claim of the applicant for appointment under the LARSGESS Scheme cannot be entertained in terms of RBE No. 151/2018 as the same is found unconstitutional by the Hon’ble Punjab and Haryana High Court which has been affirmed by the Hon’ble Apex Court [supra].”

3. Both the parties have relied upon the order dated 26.03.2019 passed by the Hon’ble Supreme Court in Writ Petition (Civil) No. 219/2019 (Annexure-5) which reads as under:

“In SLP (Civil) No. 508 of 2018 arising from judgment and order dated 14.07.2017 rendered by the High Court of Punjab and Haryana at Chandigarh in RP No. 330/2017, the question for consideration was – whether the LARSGESS Scheme under which the dependents of those who were working in Railways could be accommodated in service was valid or not?

The matter thereafter engaged attention of this court and finally a decision was taken by Union of India on 05.03.2019 to terminate the LARSGESS Scheme. These developments were noted in the order dated 06.03.2019 and the pending petition i.e. MA No. 346/2019 in M.A. No. 1202/2018 in SLP (Civil) No. 508/2018 was disposed of. The order noted as under:

“The petitioner has since then taken a decision on 5th March, 2019 to terminate the LARSGESS Scheme and the decision so taken 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 & 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 Ex