Case Note & Summary
The case involved a writ petition filed under Article 32 of the Constitution by the petitioners seeking appointment in their respective cadres under the LARSGESS Scheme, which had been terminated by the Union of India. The Punjab and Haryana High Court had previously ordered the reconsideration of the scheme due to its inconsistency with Articles 14 and 16 of the Constitution. Following these orders, the Supreme Court directed the Union of India to make a conscious decision regarding the scheme. On 5 March 2019, the Union of India decided to terminate the scheme, which was confirmed by the Supreme Court in a subsequent order. The petitioners argued for their appointment based on the scheme, but the court found that the scheme allowed for back door entry into service, violating constitutional provisions. The court concluded that the petitioners could not claim any rights under the terminated scheme and dismissed the petition, emphasizing that the Union of India had justifiably terminated the scheme. The court ordered that a certified copy of the judgment be forwarded to the Chairman of the Railway Board for compliance.
Headnote
A) Constitutional Law - Writ of Mandamus - Termination of Scheme - Article 32 of the Constitution - Petitioners sought a writ of mandamus for appointment in their respective cadres under a scheme that was terminated by the Union of India. The court held that the scheme provided for back door entry into service, which was contrary to Article 16, and thus, the petitioners had no vested right or legitimate expectation under the scheme. The petition was dismissed (Paras 6-8).
Issue of Consideration
Whether the petitioners are entitled to relief under Article 32 for appointment in their respective cadres despite the termination of the LARSGESS Scheme.
Final Decision
The Supreme Court dismissed the writ petition, holding that the petitioners had no vested rights under the terminated scheme and that the Union of India had justifiably terminated it.
Law Points
- Article 32
- Article 14
- Article 16
- Writ of Mandamus
- Termination of Scheme
- Back Door Entry
- Legitimate Expectation
