The Senior Divisional Manager, Life Insurance Corporation of India and Another vs Koram Atchuta Ramaiah

P.S. Mishra, C.J.—Heard.

An offer similar to one given on behalf of the appellants before the Supreme Court in E. Prabhavathy and Ors. v. The Life Insurance Corporation of India & another, Civil Appeal No. of 1992 (Arising out of S.L.P.(C) Nos. 10393-10413/92) dated 23-10-1992) is given on their behalf in the instant appeal. Speaking on the scheme furnished before the Supreme Court in the above case, the Supreme Court has observed as follows:

"We are of the opinion, the scheme is in consonance with the guideline which we have laid down in Paragraphs 43 to 49 of Piara Singh''s Judgment. Mr. Salve, the learned Counsel for the LIC, also informed us that in regard to future ad hoc appointments/regularisation the LIC is in the process of making a scheme consistent with the guidelines laid down in Piara Singh''s case so that this devise of employment for 85 days which has not been approved may not be resorted to in future. The scheme contained in Clauses (a) to (d) of Paragraph 1, which is as under, is approved subject to the postponement of the recruitment scheduled in November, 1992 by at least six weeks and the LIC will proceed to regularise the employees eligible under the scheme in accordance therewith.

Scheme:-

(a) All those temporary employees who have worked for 85 days in any two consecutive calender years with the Life Insurance Corporation between 20th May, 1985 up till date and who conformed to the required eligibility criteria for regular recruitment on the dates of their initial temporary appointment will be permitted to complete for the next regular recruitment to be made by the Life Insurance Corporation after the regular recruitment for those posts currently scheduled for November, 1992.

(b) Those candidates will be considered on their merits with all other candidates who may apply for such appointments, including those from the open market.

(c) Those candidates will be given an age relaxation for applying for regular recruitment provided that they were eligible on the date of their first temporary appointment for recurring regular appointment, with the Life Insurance Corporation.

(d) If these candidates are otherwise eligible, they can apply for regular recruitment in the normal course.

This regularisation will, in the circumstances, be by selection for appointment. We make the above clauses of the scheme a part of our order."

The offer to implement the above scheme in the manner as indicated in the affidavit filed in course of the hearing of the instant appeal on behalf of the appellants reads as follows:-

"I submit that the above Writ Appeal has been filed against the Judgment in W.P. No. 2474/96.I submit that the Writ Appeal is posted for admission on 29-10-1996. I submit that after the learned Counsel for Corporation argued for admission of the Writ Appeal, our Counsel advised the Corporation to file an Affidavit and submit the same for consideration by this Hon''ble Court. I crave permission of the Hon''ble Court to place this Affidavit on record in the above Writ Appeal.

I submit that the Corporation is conducting the pre-recruitment Written Test on 3-11-1996 for recruitment of Class-IV Sub-Staff (Peons)on regular basis in its Divisional Offices at Visakhapatnam, Nellore and Cuddapah. The Corporation under takes to allow the Respondent-Petitioner in the Writ Petition, to compete for selection along with the other eligible candidates and for this purpose the Corporation undertakes to issue the necessary Hall Ticket for writing the Examination on the Respondent/Petitioner in the Writ Petition calling at any of the above mentioned three Divisional Offices along with a formal letter indicating his choice of any of the three Divisions, i.e., Visakhapatnam, Nellore and Cuddapah.

I submit that it is just and necessary that this Hon''ble Court is pleased to take into consideration this affidavit and the undertaking submitted herein and pass such appropriate orders in the above Writ Appeal as this Hon''ble Court deems fit and proper."

We see, however, no reason to find fault with the offer of the appellants to the petitioner-respondent which is fully in accord with the order of the Supreme Court as above. It is a fit case, in our opinion, in which the Writ Petition and the appeal are ordered to be disposed of in terms of the above under taking on behalf of the appellants.

The writ petition and the writ appeal are accordingly disposed of.