Anil Kumar & Others vs Union Of India & Others

Pradeep Kumar, Member (A)

The present OA has been filed by two applicants. It is pleaded that they had not been granted the benefit of Liberalized Active Retirement Scheme

for Guaranteed Employment for Safety Staff (LARSGESS), even though they fulfilled the necessary requirement, including Medical examination, at

the appropriate point of time.

It is submitted that the said Scheme of LARSGESS was also put on hold w.e.f. 27.10.2017 because of certain judicial pronouncements and this may

have been the reason why Respondents awaited for clarification from Railway Board. The scheme was finally terminated also vide circular Dt

5.3.2019. However, in respect of cases pending as of 27.10.2017, the matter was adjudicated by Hon’ble Apex Court vide their judgement Dt

26.3.2019 in Writ Petition (Civil) No. 219 of 2019, Narinder Siraswal and Ors Vs UOI and Anr, wherein certain directions were passed.

The operative para reads as under:

“ xxxxx 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 representations. If such representation is made, the authorities will

do well to consider the matter within two weeks on preferring of the representations. With these observations, the writ petition stands disposed of.

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

Since the applicants satisfied the conditions when the LARSGESS scheme was still applicable and they were not granted appointment, and their

case is covered under the Hon’ble Apex Court judgment (Para 2 supra), and they have also preferred separate representations e.g. Applicant 1

on dated 13.06.2019 & 24.6.2019, and these have not been replied as yet, feeling aggrieved, the instant OA has been filed.

The matter has been heard. Issue Notice.

Shri Krishna Kant Sharma, learned counsel appears on behalf of Respondents, on advance information, and accepts notice. It is pleaded that the

applicants belong to separate posts and joining, sought in MA, cannot be allowed. And accordingly OA is not maintainable.

At this stage the learned counsel of Applicants submits that they will be satisfied if certain time bound directions can be given to Respondents to

decide their pending representations.

Keeping in view of above, the present OA is disposed of at admission stage itself, without going into merits of the case, with a direction to the

respondents to pass a reasoned and speaking order on the aforesaid pending representations of the applicants herein separately, keeping in view with

the directions of the Hon’ble Apex Court in para 2 above, within a period of four weeks, under advise to the applicants.

Pending MA also stands disposed of accordingly. No costs.