BY AD v. C.DINESH

BY ADVS. C.DINESH SRI.A.DINESH RAO, SC, RAILWAYS RESPONDENT: G.CHANDRACHOODAN, S/O.N.GOVINDAN THAMBI, BALLAST TRAIN CHECKER (EX CADRE), OFFICE OF THE ASSISTANT DIVISIONAL ENGINEER, SOUTHERN RAILWAY, ERNAKULAM JUNCTION, COCHIN-682016, RESIDING AT RAILWAY QUARTERS NO.133 E, ERNAKULAM JUNCTION RAILWAY STATION, COCHIN-682016. BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI SMT.T.N.SREEKALA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.01.2024, ALONG WITH OP (CAT) NOS.106/2017, 159/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) Nos.128/2015 and conn.cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 OP (CAT) NO. 106 OF 2017 AGAINST THE ORDER/JUDGMENT IN OA 167/2016 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS: 1 2 UNION OF INDIA, REPRESENTED BY THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014. BY ADVS. SREEJITH P. R SRI.A.DINESH RAO, SC, RAILWAYS RESPONDENT: K.K.JANAKI, GATEKEEPER, CHEPPAD, SOUTHERN RAILWAY,TRIVANDRUM DIVISION-690 507. BY ADV.SRI.SIBY J.MONIPPALLY THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.01.2024, ALONG WITH OP (CAT).128/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) Nos.128/2015 and conn.cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 OP (CAT) NO. 159 OF 2016 AGAINST THE ORDER/JUDGMENT IN OA 180/2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS: ------ 1 2 UNION OF INDIA, REP. BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O., CHENNAI-600003. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM-695014. BY ADVS. SRI.A.DINESH RAO, SC, RAILWAYS VINU T.V. RESPONDENT: SANKARANARAYANAN.K.N., S/O.K.K.NANU, CABIN MAN-1, THRISSUR RAILWAY STATION, TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT KOTTILIKKAL HOUSE, P.O.POTTORE, THRISSUR. BY ADVS.SRI.MARTIN G.THOTTAN THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.01.2024, ALONG WITH OP (CAT).128/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) Nos.128/2015 and conn.cases 4 JUDGMENT [OP (CAT) Nos.128/2015, 106/2017, 159/2016] A.Muhamed Mustaque, J. These matters were filed by the Union of India challenging the orders of the Central Administrative Tribunal. The matter is arising out of a Scheme floated by the Railway for Liberalized Active Retirement Scheme for Guaranteed Employment of Safety Staff (LARSGESS). This would give a chance to the wards of the Railway employee to enter into Railway service without undergoing any competitive test. The Scheme itself was under challenge. Based on the direction of the Punjab and Haryana High Court, Railway considered the matter and decided to terminate the Scheme with effect from 27.10.2017. There was a challenge before the Apex Court invoking Article 32 of the Constitution to consider the claim of applicants, who have applied prior to 27.10.2017. The Apex Court dismissed the writ petition. It is appropriate to refer to paragraph 6 of the judgment, which reads thus: “The reliefs which have been sought in the present case, as already noted earlier, are for a writ of mandamus to the Union of India to OP(CAT) Nos.128/2015 and conn.cases 5 appoint the petitioners in their respective cadres. A conscious decision has been taken by the Union of India to terminate the Scheme. This has been noticed in the order of this Court dated 6 March 2019, which has been extracted above. While taking this decision on 5 March 2019, the Union of India had stated that where wards had completed all formalities prior to 27 October 2017 (the date of termination of the Scheme) and were found fit, since the matter was pending consideration before this Court, further instructions would be issued in accordance with the directions of this Court. Noticing the above decision, this Court, in its order dated 6 March 2019, specifically observed that since the Scheme stands terminated and is no longer in existence, nothing further need be done in the matter. The Scheme provided for an avenue of a back door entry into the service of the railways. 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 fact that no vested right is available to the applicant based on the scheme and in the light of the Apex Court judgment, nothing further survives in the matter as the issue is already concluded by the Apex Court judgment. Therefore, the impugned direction issued by the Central OP(CAT) Nos.128/2015 and conn.cases 6 Administrative Tribunal is set aside in the light of subsequent events. All these original petitions are disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE OP(CAT) Nos.128/2015 and conn.cases 7 APPENDIX OF OP (CAT) 106/2017 PETITIONERS' ANNEXURES: ANNEXURE A1 A PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT ON 07/07/2014 TO THE SENIOR DIVISIONAL PERSONNEL OFFICER, TRIVANDRUM DIVISION. ANNEXURE R1 TRUE COPY OF THE RAILWAY BOARD'S LETTER NO. E(P&A)I-2010/RT-2 DATED 28/06/2011 (R.B.E. NO.99/2011). ANNEXURE R2 TRUE COPY OF ORDER NO.V/P.579/11/TTC/GR.D/LARSGESS DATED 18/08/2014. EXHIBIT P1: TRUE COPY OF THE O.A.180/00167/2016 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P2: EXHIBIT P3: TRUE COPY OF THE REPLY STATEMENT FILED IN OA 180/00167/2016 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ORDER DATED 3RD NOVEMBER 2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A.180/00167/2016. EXHIBIT P4: TRUE COPY OF THE ORDER NO.T.53/2010/GR.D DATED 29.11.2010. OP(CAT) Nos.128/2015 and conn.cases 8 APPENDIX OF OP (CAT) 159/2016 PETITIONERS' EXHIBITS: EXHIBIT P9 EXHIBIT P10 ANNEXURE A1 A TRUE COPY OF THE CIRCULAR NO. RBE NO.39/2019 DATED 05.03.2019 ISSUED BY THE RAILWAY BOARD. A TRUE PHOTOCOPY OF THE JUDGEMENT DATED 29.01.2021 IN W.P(C)NO. 78 OF 2021 ISSUED BY THE HON'BLE SUPREME COURT. TRUE COPY OF THE CERTIFICATE DATED 4.10.14 ISSUED BY THE STATION MANAGER, SOUTHERN RAILWAY, TRICHUR. ANNEXURE A2 TRUE COPY OF THE NOTIFICATION NO.V/P.579/CP/LARSGESS DATED 5.6.2014. ANNEXURE A3 TRUE COPY OF APPLICATION DATED 2.7.14 SUBMITTED BY THE APPLICANT. EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P1 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN O.A.NO.180/00042/2015 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN O.A.NO.180/00042/2015 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN O.A.NO.180/00042/2015 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE O.A.NO.180/00042/2015 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. OP(CAT) Nos.128/2015 and conn.cases 9 ANNEXURE R2 TRUE EXTRACT OF THE OFFICE ORDER NO.T.07/2010/GR.D NO.V/P.535/II/MACP/TFC&COMML./GR.D DATED 24.2.2010. EXHIBIT P4(A) A TRUE COPY OF THE OFFICE ORDER BEARING NO.O.O.NO.T.06/2009/GR.D ISSUED UNDER NO.V.P.536/II/CM.I/VOL.II DATED 12.1.2008. EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 20TH AUGUST 2015 IN O.A.NO.180/00042/2015. TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 29TH OCTOBER 2015 IN R.A.NO.180/00021/2015 IN O.A.NO.180/00042/2015. TRUE COPY OF THE ORDER OF THE PRINCIPAL BENCH, NEW DELHI DATED 13.1.2015 IN O.A.NO.2424/2013 & OTHER CONNECTED CASES. EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER HON'BLE HIGH COURT OF KERALA IN OP(CAT)NO.128/2015. ANNEXURE R1 TRUE COPY OF THE APPLICANT'S SALARY SLIP MEANT FOR THE MONTH OF JULY 2015. ANNEXURE A4 TRUE COPY OF THE LETTER NO.V/P.579/11/TFC/GR.D/LARGESS DATED 4.9.2014 ISSUED ON BEHALF OF THE 2ND RESPONDENT. OP(CAT) Nos.128/2015 and conn.cases 10 APPENDIX OF OP (CAT) 128/2015 PETITIONERS' ANNEXURES: ANNEXURE A9 TRUE COPY OF THE ORDER BEARING NO. V/P579/1/LARSGESS/VOL.1 DATED 10/10/2012 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A1 TRUE COPY OF THE SAFETY RELATED RETIREMENT SCHEME BEARING RBE NO.4/2004 DATED 02/01/2004. ANNEXURE A2 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE NO.131/2010 DATED 11/09/2010. ANNEXURE A3 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE NO.141/2010 DATED 24/09/2010. ANNEXURE A4 TRUE COPY OF THE CLARIFICATION ISSUED UNDER NO.E(P&A) 1-2010-RT-2 DATED 07/10/2010 BY THE RAILWAY BOARD. ANNEXURE A5 ANNEXURE A6 TRUE COPY OF THE ORDER BEARING NO.80/2002/2003/WP DATED 06/06/2003 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. TRUE COPY OF THE PERSONNEL BRANCH CIRCULAR BEARING NO.169/2001 DATED 16/10/2001 AS PUBLISHED BY THE 1ST RESPONDENT. ANNEXURE A7 TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.191/2004 DATED 27/08/2004. ANNEXURE A8 TRUE COPY OF THE LETTER BEARING NO.TVC/6 DATED 20/09/2012 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P1 TRUE COPY OF THE OA.52/2013 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY OP(CAT) Nos.128/2015 and conn.cases 11 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 THE PETITIONERS HEREIN IN OA.NO.52/2013 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT HEREIN IN OS. 52/2013 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ORDER DATED 5TH MARCH 2015 IN OA 52/2013 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. A TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI DATED 13/01/2015 IN OA NO.2424/2013 & CONNECTED CASES. EXHIBIT R1(A) TRUE COPY OF ORDER BEARING NO.E(P&A)1- 2015/RT-43 DATED 12/7/2019, ISSUED BY THE MINISTRY OF RAILWAYS (RAILWAY BOARD) EXHIBIT R1(B) EXHIBIT R1(C) A TRUE COPY OF LETTER BEARING NO.J/P.PG/RTI/2015-16/136 DATED 25/09/2015, ISSUED BY THE SR. DIVISIONAL PERSONNEL OFFICER AND PUBLIC INFORMATION OFFICER/SOUTHERN RAILWAY/ PALGHAT, ALONG WITH ITS ENCLOSURE. A TRUE COPY OF COMMUNICATION BEARING NO.U/P.RTIA/505/2015 DATED 25/09/2015, ISSUED BY THE SR. DIVISIONAL PERSONNEL OFFICER AND NODAL PUBLIC INFORMATION OFFICER/SOUTHERN RAILWAY/MADURAI DIVISION, ALONG WITH ITS ENCLOSURE. EXHIBIT R1(D) A TRUE COPY OF REPRESENTATION DATED 08/05/2015 SUBMITTED BY THE RESPONDENT. EXHIBIT R1(E) A TRUE COPY OF ORDER BEARING NO. E(P&A) 1-2015 RT-43 DATED 12.07.2019, ISSUED BY THE MINISTRY OF RAILWAYS (RAILWAY BOARD).