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Supreme Court of India 2022-01-25 allowed

The Chief Personnel Officer & Ors vs A Nishanth George

Bench: 2 — Dr. Dhananjaya Y Chandrachud, A S Bopanna

In Brief

The Supreme Court set aside High Court judgments directing the appointment of respondents under the LARSGESS (Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff), which allowed railway employees to voluntarily retire with simultaneous appointment of their wards. The Court held the scheme violated constitutional principles of equal opportunity and was a backdoor entry device into public employment contrary to Article 16. After a Division Bench of Punjab & Haryana High Court and the Supreme Court expressed doubts on its validity, the Union Government validly terminated the scheme in September 2018. The respondents, having superannuated before termination or not meeting eligibility criteria, could not claim vested rights under the abolished scheme.

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