JAGDISH NARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 15.04.2021 passed by the Central Administrative Tribunal ('CAT') Jaipur Bench whereby the Original Application preferred by the petitioners questioning the orders dated 29.11.2019, 28.12.2016/17.10.2017 and 14.08.2017 issued by the respondents rejecting the claim of the petitioner No.2 for appointment under the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff ('LARSGESS Scheme'), has been dismissed.

(2.) The respondents invited applications from the employees of various departments desirous of voluntary retirement from June 2016 to December 2016 under the LARSGESS Scheme. The petitioner No.1 applied for voluntary retirement and sought for appointment of his ward, the petitioner No.2. The name of the petitioner No.1 was included in the list of the employees eligible to get voluntary retirement under the LARSGESS Scheme. However, in the process of selection vide order dated 28.12.2016/10.01.2017 the petitioner No.2 was declared medically unfit for A/2 Medical category. The petitioner No.2 got himself examined in Government Medical College, SMS, Jaipur as well as in Anand Hospital & Eye Centre, Jaipur wherein his vision in both the eyes was found as 6/6. He preferred an appeal with the request for re-medical examination. The appeal was rejected by the respondents and the rejection was communicated to the petitioner No.2 vide communication dated 24.08.2017. Aggrieved thereby, the petitioners preferred an original application before the CAT, which was disposed of by the CAT vide order dated 23.03.2018 without giving any finding. The petitioners made yet another representation dated 15.05.2018 for re-medical examination of the petitioner No.2 and for giving appointment. The Ministry of Railways decided to terminate the LARSGESS Scheme w.e.f. 27.10.2017. The petitioners filed misc. application for recalling the order dated 23.03.2018 to the extent of original application filed by the petitioners and decide the same on merits. The prayer was declined by the CAT vide order dated 20.08.2019 observing that it has no jurisdiction to recall its order. The representation of the petitioners was rejected vide order dated 29.11.2019. Assailing the orders passed as aforesaid, the petitioners preferred original application before the CAT, which stands dismissed by the order impugned.

(3.) Learned counsel appearing for the petitioners contended that the petitioner No.2 had completed all formalities including Medical Examination under the LARSGESS Scheme prior to 27.10.2017 and, therefore, their claim could not have been rejected on the ground that the LARSGESS Scheme stands terminated by the Ministry of Railways w.e.f. 27.10.2017. Relying upon order dated 26.03.2019 passed by the Hon'ble Supreme Court in Narinder Siraswal & Ors. Vs. Union of India & Anr. [Writ Petition (Civil) No.219/2019, decided on 26.03.2019], learned counsel submitted that the petitioner No.1 was yet to retire and the Medical Examination of the petitioner No.2 had already been conducted prior to 27.10.2017 and, therefore, the respondents were under an obligation to conduct re-medical examination of the petitioner No.2 and accord him appointment, if he is found medically fit for the post of Traffic Khalasi.