High CourtsDivision Bench(2020) 12 KL CK 0296

Life Insuramce Corporation Of India And Ors vs Raghavan A. And Ors

High Court Of Kerala · Decided on 18 December 2020

HON’BLE JUDGES
A.M. Shaffique, J · Gopinath P., J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No. 1715 Of 2020

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Judgment

19 paragraphs · 370 words

Shaffique, J

1.

The appeal has been filed by the Life Insurance Corporation of India (for short, 'LIC') and its officials, the respondents in W.P(C) No.26033 of

2020, challenging interim order dated 26.11.2020 and 11.12.2020.

2.

The respondents herein are the temporary employees of LIC in Class III post. An examination was proposed to be conducted pursuant to directions

issued by the Apex Court for appointment to the post of Assistant III. The respondents challenged the procedure by which the LIC proposed to

conduct the examination. According to them, the procedure now adopted by the LIC is not in accordance with the directions issued by the Apex

Court. The learned single Judge passed an interim order on 26.11.2020 permitting the LIC to proceed with the conduct of examination after affording

a centre in Kerala. LIC took up a contention that though the examination was earlier proposed to be held at Chennai, they are willing to conduct the

same for persons in Kerala at a centre in Kerala itself. However, the examination can be held after disposal of the writ petition. Though such a

request was made, the learned single Judge by yet another order dated 11.12.2020 did not accede to the same and directed the LIC to proceed with

the conduct of examination.

3.

We heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents/writ petitioners.

4.

In fact there is a specific challenge to the manner in which the examination is to be conducted. As rightly pointed out by the learned counsel for the

appellant, if for some reason the procedure adopted in conducting the examination is set aside by this Court, necessarily the entire exercise will have to

be done again. Therefore, it is only appropriate to hold the examination after disposal of the writ petition.

5.

We, therefore, permit the appellant to seek for an early hearing in the matter and it shall be open for the appellant to conduct the examination after

disposal of the writ petition. The impugned interim order to the extent mentioned above, shall stand set aside, giving liberty to the appellant to seek for

an early hearing of the matter.

The writ appeal is disposed of.