Union Of India vs Bhagwan Deen
- SCC(2024) 14 SCC 592
- Neutral2022 INSC 391
Ratio decidendi
The rule this decision rests on
Where a scheme floated by the Union of India has been adversely commented upon by a High Court, the Union has terminated the scheme, and this Court has consistently refused to uphold any rights flowing from its provisions in multiple subsequent petitions, the Tribunal was not justified in passing directions granting relief to a party based on that scheme, and the High Court erred in rejecting the challenge to such directions.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2720 OF 2022 (Arising out of SLP (C) No.6220 of 2022 Arising out of Diary No.2153 of 2019)
UNION OF INDIA & ORS. Appellants VERSUS BHAGWAN DEEN & ANR. Respondents
ORDER
1. Delay in filing the instant matter is condoned, subject to the appellants
depositing a sum of Rs.25000/- towards costs for the respondents. The amount be
handed over to the respondents within three weeks from today; and the amount shall
be recovered from the concerned officials who are responsible for causing delay in
the instant matter.
2. Leave granted.
Signature Not Verified
3. Digitally signed by Dr. This appeal challenges the judgment and order dated 29.05.2017 passed by Mukesh Nasa Date: 2022.04.07 17:48:45 IST Reason:
the High Court of Delhi at New Delhi dismissing Writ Petition (Civil) No.4859 of
2017.
4. The aforestated writ petition was filed by the appellants challenging the view
taken by the Central Administrative Tribunal, Principal Bench, New Delhi, allowing
Original Application No.4320 of 2014 preferred by the respondents herein on the
basis of LARSGESS Scheme floated by the Indian Railways.
5. The aforestated Scheme was adversely commented upon by the Punjab &
Haryana High Court in its judgment dated 27.04.2016 in CWP No.7714 of 2016.
The Special Leave Petition arising therefrom was dismissed by this Court,
whereafter the Scheme itself was terminated by Union of India on 05.10.2019.
6. Thereafter, various petitions came up before this Court including Writ Petition
(Civil) No.1407 of 2019 and Writ Petition (Civil) No.78 of 2021. This Court has
since then consistently refused to accept, acknowledge and uphold any right flowing
from the provisions of the Scheme.
7. Viewed thus, the Tribunal was not justified in passing directions in the instant
matter and the High Court was in error in rejecting the challenge raised by the
appellants.
8. We, therefore, allow this appeal, set-aside the view taken by the Tribunal and
the High Court and dismiss Original Application No.4320 of 2014.
9. This appeal is thus allowed with no order as to costs.
…………………….…………………….J. (UDAY UMESH LALIT)
……………………..……………………J. (S. RAVINDRA BHAT)
……………………..……………………J. (PAMIDIGHANTAM SRI NARASIMHA) New Delhi April 05, 2022
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