Kartik Das And ORS. v. Union Of India And ORS.

16.06.2025 (D/L-5) Ct. No.4 (B.K.N.) W.P.C.T. 113 of 2024 Sri Kartik Das & Ors.

Vs.

Union of India & Ors.

Mr. Debasis Sur, Mr. Kaushal Kumar ...for the Petitioners Mr. D. N. Ray, Sr. Adv., Mr. Rajesh Kumar Shah ...for the U.O.I.

1. Heard learned counsel for the petitioners.

2. The petitioners approached the Tribunal seeking relief under the Liberalised Active Retirement Scheme for Guarantee Employment of Safety Staff (LARSGESS) Scheme issued by the Railways.

3. The scheme contemplates making of an application by certain category of employees who fulfil the requisite respective qualifying service and age for appointment of their ward in their place, by their obtaining voluntary retirement.

4. The validity of the scheme has since been considered by the Apex Court in the case of Manjit & Ors. -Vs.- Union of India & Anr. in Writ Petition (Civil) No. 78 of 2021 wherein the Apex Court has found the scheme to be legally unsustainable in as much as the same provided a back door entry in service to the ward of the existing Railway employees. The scheme has already been terminated by the Railways. The Apex Court was of the view that since the scheme is

no longer in existence, nothing further need to be done in the matter. The Apex Court has further held that "All claims based on the scheme must now be closed".

5. Taking note of such mandate of the Apex Court the Central Administrative Tribunal has rejected the petitioners' claim in O.A. 157 of 2019 and analogous cases on 25.11.2022.

6. The CAT's order being in light of the decision of the Apex Court in the case of Manjit & Ors. (supra), which is not in dispute, we find no reason to interfere with the same.

7. The writ petition is dismissed.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)