Disposal of LARSGESS cases in light of Hon’ble Supreme Court’s directions in WP(C) No. 1407/2019 and WP(C) No. 78/2021: Railway Board Order dated 10.03.2021
Government of India (भारत सरकार)
Ministry of Railways (रेल मंत्रालय)
(Railway Board/ रेलवे बोर्ड)
New Delhi, dated: 10.03.2021
The General Managers,
All Indian Railways/ PUs.
Sub:- Disposal of LARSGESS cases in light of Hon’ble Supreme Court’s directions in WP(C) No. 1407/2019 and WP(C) No. 78/2021.
Please find enclosed herewith copies of Hon’ble Supreme Court’s Judgments dated 28/01/2021 in W.P.(C) No. 1407 of 2019 (Abhishek Kumar Jha & Ors. V/s UOI & Anr.jand 29/01/2021 in W.P. (C) No. 78 of 2021 (Manjit & Ors. V/s UOI & Anr.), wherein the petitioners have prayed to direct the respondents to offer appointment to them under LARSGESS Scheme. Hon’ble Supreme Court in their above said judgments dated 28/01/2021 & 29/01/2021 has observed as under:
WP(C) No. 1407/2019
“……….. that once the Scheme itself was withdrawn, no benefit whatsoever including one of consideration of representation could be afforded to any of the persons.”
WP(C) No. 78/2021
“…………… This Would be fundamentally at odds with Article 16 of the Constitution. The Union government has with justification discontinued the scheme. The petitioners can claim neither a vested right nor a legitimate expectation under such a Scheme. All claims based on the Scheme must now be closed.”
2. In view of the above, Railways are directed to adhere to the directions of Hon’ble Supreme Court while considering any of the LARSGESS cases.
DA: As above.
(N P Singh)
Joint Director / E[P&A),
Tele No. 47845124
Email Id: nirbhay.singh26[at]gov.in
1st Floor, Room No.109-B
Rail Bhawan, Raisina Road, New Delhi-110001