In a recent judgment, the Court provided a critical legal analysis of the LARSGESS Scheme by Indian Railways, emphasizing the importance of adhering to established legal principles. The Court’s decision set aside previous rulings and highlighted the need for proper legal justification in such matters. This case sheds light on the complexities of administrative schemes and the significance of judicial review in ensuring legal compliance and fairness.
Facts
- Various petitions including Writ Petition (Civil) No.1407 of 2019 and Writ Petition (Civil) No.78 of 2021 were presented before the Court.
- The Scheme faced criticism in the Punjab & Haryana High Court’s judgment on 27.04.2016 in CWP No.7714 of 2016.
- An appeal was filed by the appellants contesting the decision of the Central Administrative Tribunal, which upheld the Original Application No.4320 of 2014 based on the LARSGESS Scheme by Indian Railways.
- The Court consistently denied recognition or enforcement of any rights arising from the Scheme.
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Decision
- The Tribunal was not justified in passing directions in the instant matter.
- The High Court was in error in rejecting the challenge raised by the appellants.
- The appeal is allowed, setting aside the view taken by the Tribunal and the High Court.
- Original Application No.4320 of 2014 is dismissed.
- No order as to costs is given.
- Leave is granted to the appellants.
- The appeal challenges the judgment and order dated 29.05.2017 passed by the High Court of Delhi at New Delhi dismissing Writ Petition (Civil) No.4859 of 2017.
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Case Title: UNION OF INDIA Vs. BHAGWAN DEEN (2022 INSC 392)
Case Number: C.A. No.-002720-002720 / 2022
