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ITEM NO.3 COURT NO.7 SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Writ Petition (Civil) No.219/2019

NARINDER SIRASWAL & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ANR. Respondent(s)

(IA No.13975/2019 – For exemption from filing Official Translation)

Date : 26-03-2019 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT

HON'BLE MS. JUSTICE INDU MALHOTRA

For Petitioner(s)

Mr. Raj Kishor Choudhary, AOR

Mr. Anupam Bhati, Adv.

Ms. Chitranjali Negi, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

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:

Digitally signed by

MUKESH KUMAR

Date: 2019.03.27

17:58:47 IST

Reason:

Signature Not Verified

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“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 & 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

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 directions of

the Hon’ble Court.”

Since the Scheme stands terminated and is no longer

in existence, nothing further need be done in the

matter.

Application(s) is/are accordingly, disposed of.”

The present writ petition prays inter alia for the following

reliefs:

“Issue a writ in the nature of mandamus directing the

respondent to appoint the petitioners in their

respective cadres.”

Since the petitioners are claiming benefit under the Scheme

which was prevalent when applications were preferred by the

petitioners, we give liberty to the petitioners to approach the

concerned authorities with appropriate representation. If such

representation is made, the authorities will do well to consider

the matter within two weeks on preferring of the representation.

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With these observations, the writ petition stands disposed of.

Pending application(s), if any, shall stand disposed of.

(MUKESH NASA) (SUMAN JAIN)

COURT MASTER BRANCH OFFICER