Central Administrative Tribunal - Mumbai
Santosh Maroti Deshmukh And Anr vs Central Railway on 24 March, 2025
1
OA No. 2287/2017
Central Administrative Tribunal
Mumbai Bench Camp at Nagpur
OA No.2287/2017
This the 24th day of March, 2025
Hon'ble Mr. Justice M.G.Sewlikar, Member (J)
1. Santosh S/o Maroti Deshmukh,
Age: 58 years, Occu. Pensioner,
2. Kiran S/o Santosh Deshmukh,
Age: 30 years, Occu: Unemployed,
Both the Applicants R/o: House
No. 187, Ward No.3, Post:
Gumgaon, Wagdara, Nagpur- 441122.
-Applicants
(By Advocate: Ms. Sonal R. Badge i/b Mr. R S
Khobragade)
Versus
1. Union of India,
Through the General Manager,
Central Railways, Ministry of
Railways, New Delhi- 01.
2. Divisional Railway Manager,
Personnel Branch,
Central Railway, Jaistambh Square,
Nagpur - 01.
... Respondents
(By Advocate : Mr. N P Lambat)
ORDER (ORAL)
Per: Justice M.G. Sewlikar, Member (J)
This is an application under Section 19 of the Administrative Tribunals Act for direction to the 2 OA No. 2287/2017 respondents to appoint the applicant no. 2 on compassionate grounds.
2. Applicant's case in brief is that he was the employee of Central Railways.
3. In the year 2012, the respondents floated a Scheme called LARGESS Scheme by which appointment to the dependents of the deceased could be granted if the employee sought retirement. Accordingly, applicant sought the retirement under the scheme. The son of the applicant by the name of Nilesh Santosh Deshmukh was appointed as Trackman, SSE(T), Nagpur under LARGESS scheme. Nilesh Santosh Deshmukh expired on 14th February, 2015 leaving behind his dependent, elder brother by the name of Kiran Santosh Deshmukh. The applicant made an application for the appointment of applicant no. 2 under LARGESS scheme. The respondents rejected this application by their letter dated 08th July, 2016 on the ground that applicant no. 2 cannot be a dependent on 3 OA No. 2287/2017 deceased Nilesh Santosh Deshmukh as applicant no. 2 was earning Rs. 6500/- per month. This order is impugned in this OA.
4. I have heard learned counsel for the applicants and learned counsel for the respondents.
5. Learned counsel for the applicants submits that under LARGESS Scheme, deceased Nilesh Santosh Deshmukh was appointed as Trackman. Nilesh Santosh Deshmukh died on 14th February, 2015. The elder brother, being dependent on deceased Nilesh Santosh Deshmukh is entitled to be appointed on compassionate grounds under LARGESS Scheme.
6. Learned counsel for the respondents submits that the respondents had granted appointment to Nilesh Santosh Deshmukh, the son of the applicant. He expired on 14th February, 2015. The respondents had given the employment to the son of the applicant in terms of this scheme. Now, the 4 OA No. 2287/2017 scheme has been abrogated by the Union of India (respondent no. 1) and Supreme Court has also declared this Scheme as unconstitutional and, therefore, no right accrue to the applicant for appointment of applicant no. 2. For this purpose, he has placed reliance on the case of Manjit and Ors versus Union of India and Anr. in Writ Petition (Civil) No. 78 of 2021 (Supreme Court).
7. I have given anxious consideration to the submissions made by the learned counsels for their respective parties.
8. Admittedly, the scheme was introduced in the year 2012. Nilesh Santosh Deshmukh, son of applicant no. 1 was appointed as Trackman on the retirement of the applicant no. 1. Once the respondents have offered employment to one of the sons of the employee who had sought retirement, the respondents have discharged their obligation arising under the scheme. The applicant could not point out any provision to show that even after 5 OA No. 2287/2017 giving employment to one of the dependents, on his passing away, another dependent can also be given appointment. In this view of the matter, the claim of the applicant cannot be sustained.
9. In the case of Manjit and Ors (supra), in para 6, Supreme Court has made following observations:-
"6. 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 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."
10. From these observations, it is apparent that the scheme was withdrawn by the Union of India. The Supreme Court has also observed that the scheme provided for an avenue of a back door entry 6 OA No. 2287/2017 into the service of the Railways. This would be fundamentally at odds with Article 16 of the Constitution. It is further observed that 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.
11. In this view of the matter, I do not find any substance in the OA. OA is, therefore, dismissed with no order as to costs.
12. Pending MAs, if any, stand closed.
(Justice M.G. Sewlikar) Member (J) /NK/ Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Nicky Phone= 319c15ca9eb1feefdf068e6ccd39ee295689 5f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c Kumari 1f4f6f5bd93fc66bbdd397444faa, CN= Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.04.04 15:18:09+05'30' Foxit PDF Reader Version: 2024.3.0