C.Rajendran vs Union Of India
2024 Latest Caselaw 19244 Mad

Madras High Court

C.Rajendran vs Union Of India on 3 October, 2024

Author: Anita Sumanth

Bench: Anita Sumanth

    2024:MHC:3531


                                                                              W.P.No.28905 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 03.10.2024

                                                    CORAM :

                             THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                               and
                            THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN

                                              W.P.No.28905 of 2024


                     C.Rajendran                                             ... Petitioner

                                                        vs

                     1.Union of India
                       Rep. by is General Manager
                       Southern Railway
                       Park Town, Chennai.

                     2.The Senior Divisional personnel Officer
                       Salem Division
                       Southern Railway, Salem.                              .. Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India
                     praying to issue a writ of Certiorarified Mandamus to call for the records
                     relating to the Impugned Order in O.A.No.350 of 2022 dated 02.04.2024
                     passed by the Central Administrative Tribunal quash the same and
                     further direct the Respondents to appoint the son of the petitioner under
                     LARSGES Scheme were the petitioner's son is found to fit and eligible for
                     the consequential post of Track Maintainer.



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                                                                                   W.P.No.28905 of 2024

                                        For Petitioner :   Mr.V.V.Sathya

                                        For Respondents: Ms.D.Reshma
                                                         for Dr.D.Simon,
                                                         Central Government Standing Counsel

                                                            ORDER

(Order of the Court was made by Dr.ANITA SUMANTH.,J) The petitioner had assailed order dated 30.04.2021 conveying that

the representation of the petitioner for appointment under the LARGESS

Scheme was under scrutiny and consideration before the Central

Administrative Tribunal (CAT/Tribunal).

2. We may note straight away that order dated 30.04.2021, is bad

in law in light of the authoritative pronouncement of the Supreme Court

in the case of Manjit and others v. Union of India and another 1.

3.The challenge in the case of Manjith & others related to the

Liberalized Active Retirement Scheme for Guaranteed Employment for

Safety (LARSGESS) Scheme (in short, 'Scheme'). The Scheme had been

formulated for providing entry into service for wards of serving

employees. The Supreme Court noted that the Scheme enabled the wards

to be brought on board without undergoing competitive selection.

4. The Scheme was hence quashed, as being contrary to the

requirements of Articles 14 and 16 of the Constitution of India and a

1 AIR 2021 SC 944 https://www.mhc.tn.gov.in/judis

mode of entry through the back door.

5.It appears that based on the aforesaid judgment, the pleas of

other applicants for absorption under the Scheme have also been rejected

by the CAT.

6.In fact, in light of this judgment, the order of the 2nd respondent

to the effect that the application of the petitioner is under consideration is

itself wholly illegal as that order is dated 30.04.2021 whereas the

judgment in the case of Manjit & Others is dated 29.01.2021.

7.In fine, we see no merit in this writ petition and the same is

dismissed. No costs.

                                                                         [A.S.M., J]    [G.A.M., J]
                                                                                 03.10.2024
                     Index:Yes/No
                     Speaking order
                     Neutral Citation:Yes
                     vs

                     To

                     1.The General Manager,
                       Southern Railway,
                       Park Town, Chennai.

2.The Senior Divisional personnel Officer, Salem Division, Southern Railway, Salem.

https://www.mhc.tn.gov.in/judis

DR. ANITA SUMANTH,J.

and G. ARUL MURUGAN.,J

vs

03.10.2024

https://www.mhc.tn.gov.in/judis