DR.DHANANJAYA Y.CHANDRACHUD, J. - (1.) Invoking the jurisdiction under Article 32 of the Constitution, the petitioners seek the following reliefs: '(a) Issue a writ in the nature of mandamus directing the respondent to appoint the petitioners in their respective cadres; and (b) Issue any other appropriate writ, order or direction in the facts and circumstances of the case.'
(2.) The dispute in the present case relates to a scheme, popularly termed as the Larsgess Scheme, which had been adopted by the Railway Administration previously. The Punjab and Haryana High Court passed orders on 27 April 2016 and 14 July 2017 requiring the Union of India to reconsider the Scheme. The orders of the High Court were evidently based on the fact that the Scheme provided for an entry into service for certain wards of serving employees without undergoing a competitive selection consistent with the requirement of Articles 14 and 16 of the Constitution. On 8 January 2018, in SLP (C) No 508 of 2018, arising from the judgment and order of the High Court of Punjab and Haryana dated 14 July 2017 in RP No 330 of 2017, this Court directed the Union of India to take a conscious decision within a period of six weeks. The order dated 8 January 2018 was in the following terms: '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 petitioner(s) may take a conscious decision in the matter within a period of six weeks from today. 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, disposed of. Pending application(s), including application for intervention, shall also stand disposed of.'
(3.) On 5 March 2019, the Union of India took a decision to terminate the Scheme. The decision of the Union of India was noticed in an order dated 6 March 2019, in the following terms: 'In compliance of the directions of the Hon'ble Punjab and 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 and 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.' ;