Rameshbhai S. Jadav vs Divisional Manager L.I.C. of India and 2

Honourable Mr. D.H. Waghela, J.—The petitioner is aggrieved by the circular dated 26.08.2002 of the Divisional Manager, Gandhinagar

Division, whereby only the part-time employees working as part-time sweepers in Gandhinagar district are permitted to compete for

regular/permanent appointments. According to the petitioner, he is serving as a part-time sweeper in Mehsana office of the respondent since

05.09.1986 and has never had a chance to compete for full-time regular appointment which results into his remaining forever a part-time

employee, deprived of the benefits available to regular full-time sweeper. Learned counsel Mr. M.M. Prajapati vehemently argued that the

petitioner did not get even a chance to compete for permanent regular full-time employment over the period of 27 years while he is faithfully and

regularly serving the respondent. Learned senior advocate Mr. A.K. Clerk, appearing for the respondents, relied upon the General Instructions

issued by the Central Office of Life Insurance Corporation of India and letters dated 21.8.1987 and 07.06.2002 whereby it is clarified that the

existing regular part-time workmen could compete with outsiders for permanent vacancy of the respective cadre, provided they satisfy the

minimum educational qualifications, but the zone of selection may be restricted to the district where the vacancy would have arisen. He submitted,

on that basis, that as and when vacancy arises in Mehsana district where the petitioner is stated to be serving, he will be entitled to compete with

other similarly situated part-time employees. He also pointed out recent order dated 04.10.2012 of this Court (Coram: K.S. Jhaveri, J.) in SCAs

No. 7149, 7706 and 152 of 2012 wherein it is declared that petitioners would have right to apply as and when regular recruitment process takes

place. The respondents are also directed therein to decide such applications in accordance with the prevailing rules and regulations.

In the above facts, the petitioner is at least required to similar relief of consideration of his case, in accordance with rule, as and when vacancy

for full-time sweepers arises in any office of the respondent within the district of Mehsana. Learned senior advocate Mr. Clerk fairly conceded that

as and when such occasion arises, the case of the petitioner shall be duly considered and he will be allowed to compete upon the petitioner fulfilling

necessary conditions. In these facts, the petition was not pressed for any further order at this stage upon the above statement and understanding

being recorded. It can, however, be hoped that the respondent Corporation and the Divisional Manager concerned will sympathetically look into

the plight of such part-time employees as the present petitioner and see to it that they do not have to work on exploitative conditions of service all

throughout their service only in the hope that some day they might get the benefit of proper conditions of service. Rule is discharged, with no order

as to costs.