Dileep Singh Bhati and Others vs Life Insurance Corporation of India and Others

We have heard Mr. Sunil Samdaria, learned counsel for the appellants and Mr. Amit Gupta, learned counsel for the respondents.

Learned Single Judge dismissed the writ petition filed by the appellants on the ground that they were not entitled to appear in special recruitment drive by the Life Insurance Corporation of India on the vacant posts of Class IV employees.

The appellants had completed 85 days of service in two consecutive years to be eligible to appear in the open recruitment for Class IV employees, for which written examinations were held in the year 1993, from 25.4.1993. Since the request of the appellants to appear in the written examinations could not be considered within time, learned Single Judge, at that time, had dismissed the writ petition on the ground that the written examinations were over. The Division Bench in D.B. Civil Special Appeals No. 512/1995 & 522/1995, preferred against the order of the learned Single Judge dated 16.5.1995, considering the fact that the appellants were not allowed to appear, despite the judgment in E. Prabavathy & Ors. v. LIC of India & Anr., disposed of the special appeals with directions that the appellants, who had worked with the Corporation for 85 days in two consecutive years after20.5.1985, shall be allowed to appear in the next regular recruitment to be made by the Life Insurance Corporation for the post of Class IV. It was further directed that in case, any candidate, who required relaxation in upper age limit and who had worked for 85 days in any financial year after 1985, he shall also be allowed to appear in such selections in future. It is stated that after 15 long years, the Life Insurance Corporation did not advertise for regular recruitment, though there were about 5000 vacancies.

In LIC of India & Anr. v. D.V. Anil Kumar (Civil Appeals No. 953-968 of 2005), on the directions issued by Hon''ble Supreme Court, Shri C.B. Paliwal, Secretary (Legal), LIC of India, filed an affidavit stating that there were approximately 5000 vacancies of Class IV employees all over India, and that, LIC of India will additionally hold, as a one time measure, one time limited examination for those temporary persons, who were working in LIC of India for more than five years, and who possessed minimum qualifications and age prescribed at the relevant time of their entry into LIC of India.

On the acceptance of the affidavit given by the LIC of India, an advertisement was published for appointment of Class IV employees. The advertisement provided the eligibility of the employees, as quoted hereinbelow:--

� "All Temporary Class IV employees working in LIC of India for more than five years as on 18.01.2011 and who possessed minimum eligible qualification (pass in Standard IX) and age as prescribed by the LIC of India in its Recruitment Rules/Instructions at the relevant time of their entry into LIC of India are eligible to apply. Relevant relaxations in upper age limit shall be applicable as per rules. Those who have filed court cases and whose cases are pending for a long time can also apply. However, they shall inform the status of their cases while filling the application forms.

� The candidate should not have crossed the age of superannuation of 60 years on the date of his/her appointment, if selected.

� Remuneration to such candidates during his temporary employment in LIC should have been paid directly by the Corporation and not through any contractor.

� All appointments shall be against roster points and provisions relating to reservation shall be followed.

� Candidates falling under Category (a) will have to submit copies of proof of working with the Corporation for more than five years as on 18.01.2011, duly signed by the Chief Manager/Sr/Branch Manager In-Charge of the Branch Office, Manager (P&IR)/Manager (OS) of the respective Divisional Office or the Regional Manager (P&IR)/Regional Manager (OS) in respect of Zones where the candidate is working. The onus of furnishing authentic documentary proof for the same at the time of submission of the application shall be on the candidate."

Shri Sunil Samdaria submits that the relief given to the appellants by the Division Bench in Special Appeals No. 512/1995 & 522/1995 in its order dated 27.8.1996, cannot be allowed to become a dead letter. The appellants could have completed 85 days in two consecutive years after 20.5.1985, and were eligible to appear in the selections held on 25.4.1993. It was by way of a chance that they could not get an order from the Court to appear in the examination, and thus, their writ petitions were dismissed. The Division Bench had clearly observed that they will be allowed to appear in the next regular recruitment. The appellants only wanted a chance to appear, which they got after fifteen years, on the available vacancies. They have been treated arbitrarily, and have been discriminated as against those employees who had worked for five years as on 18.1.2011, and possessed minimum eligible qualification.

It is submitted that the appellants, having served for 85 days in two consecutive years, were illegally and arbitrarily deprived of appearing in the examinations for selection.

After hearing the learned counsel for the parties, we find that the stage of giving a chance to the appellants did not arise, as no regular recruitment was undertaken by the LIC of India after 1993. Some disputes were raised, regarding persons who had already completed five years of service as on 18.1.2011 on the large number of vacancies. An affidavit was filed, on the asking of Supreme Court, on which the LIC, as a one time measure, held one time limited examination, for those temporary persons, who were working in LIC for more than five years. The appellants did not fall in that category. They were not the persons, who were allowed, by way of special recruitment, as a one time measure, a chance to appear in the examination. The examination held by the LIC of India, in which the appellants wanted to appear, was not by way of regular recruitment. It was a chance given to those employees, who had worked for more than five years as on 18.1.2011, who were a class within themselves.

Shri Sunil Samdaria states that in the affidavit given before the Supreme Court, the LIC of India had referred to the previous examination held for recruitment of those, who had worked for more than 85 days in two consecutive years, and those who were left out, but that statement was overlooked, in issuing the advertisement. He submits that the LIC of India was conscious of this fact that there is another category of persons, who could not compete in the examinations, though they were eligible in the year 1993, and that, they were also required to be given a chance.

We are unable to accept the argument, as the affidavit was given in the Supreme Court, and in view of the acceptance of the affidavit, the LIC of India had chosen to initiate recruitment for special category of persons, who had served in the LIC of India for five years as on 18.1.2011.

We may have sympathies with the appellants, but that, since the LIC of India has not chosen to undertake any regular recruitment, the appellants could not be allowed, as a chance, to appear in the written examinations.

There is no error in the reasoning given in order of the learned Single Judge, to dismiss the writ petition.

The Special Appeal is dismissed.