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Union Of India vs Kala Singh on 6 March, 2019

Bench: Uday Umesh Lalit, Indu Malhotra

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     ITEM NO.2                                 COURT NO.8                SECTION IV-B

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

     IA 18573/2019, in Miscellaneus Application No(s).346/2019 in
     Miscellaneus Application No(s).1202/2018 in Petition for Special
     Leave to Appeal No.508/2018


     UNION OF INDIA & ORS.                                                 Petitioner(s)

                                                       VERSUS

     KALA SINGH & ORS.                                                     Respondent(s)

     (IA No.18573/2019-CLARIFICATION/DIRECTION )

     Date : 06-03-2019 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE UDAY UMESH LALIT
                             HON'BLE MS. JUSTICE INDU MALHOTRA

     For Petitioner(s)                    Mr. K.K. Venugopal, AG
                                          Mr. R. Balasubramanian, Adv.
                                          Mr. Ankur Talwar, Adv.
                                          Mrs. Anil Katiyar, AOR
                                          Mr. Shraddha Deshmukh, Adv.
                                          Mr. Raj Bahadur, AOR
     For Respondent(s)

                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

while disposing of SLP(Civil) Dy. No.37460/2017 on 08.01.2018, this Court has made the following order:

“Heard learned counsel for the parties. Delay condoned.

Since the direction in the impugned order is only to re-visit the Scheme in question, no interference is called for at this stage. The Signature Not Verified Petitioner(s) may take a conscious decision in the matter within a period of six weeks from today.

Reason: If any party is affected by the decision taken, such party may take remedy against the same in accordance with law.

The special leave petition is, accordingly,  2 dismissed.

Pending application(s), including application for intervention, shall also stand disposed of.” The petitioner has since then taken a decision on 5 th 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.

    (INDU MARWAH)                                        (SUMAN JAIN)
    COURT MASTER                                        BRANCH OFFICER