Disposed

Sushil Kumar v. Life Insurance Corporation of India through Its Chairman

Jharkhand HC20 Sept 2024WPC/4928/2024

Case brief

AI extract

What is this about?

Development officer challenged a show cause notice for termination under LIC service rules, citing a pending earlier writ and a Calcutta High Court stay in a like matter. With consent of counsel, the court disposed of the writ by treating it as a representation and directing LIC to pass a reasoned speaking order within 16 weeks.

What did the court decide?

Writ treated as representation; respondent no.2 to decide by reasoned speaking order within 16 weeks.

Sushil Kumar Vs Life Insurance Corporation of India… — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 4928 of 2024

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Sushil Kumar, aged about 42 years, son of late Ram Narayan Prasad, Resident of Mangal Deo Colony, Near Amrit Palace, Railway Siding, POLohardaga, PS-Lohardaga, District-Lohardaga, State-Jharkhand

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… ... Petitioner

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Versus

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Life Insurance Corporation of India through its Chairman, Jeevan Bima Marg, Nariman Point, Mumbai, PO-Yogakshema Building, PS-Nariman Point, District-Mumbai, State-Maharashtra

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Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office, Jeevan Prakash Building, Bistupur Main Road, Jamshedpur, PS-Bistupur, PO-Bistupur, Jamshedpur, District-East Singhbhum, State-Jharkhand … … Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. D. K. Dubey, Advocate For the Respondents : Mr. Sachin Kumar, Advocate Ms. Sweta Shukla, Advocate

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Order No. 6 /Dated: 20^th September 2024

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The instant writ application has been preferred by the petitioner for the following reliefs:

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“a. For issuance of an appropriate writ(s)/order(s)/direction(s), in the nature of certiorari, for quashing of the show cause notice for termination dated 04.07.2024, as contained in Annexure-4, in terms of the Sub-Rule(2) of Rule 6 read with Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009 amended as Life Insurance Corporation of India Development Officers (Division of Certain Terms and Conditions of Service )Amended Rules, 2016 on the ground that the appraisal for the last three years ended on 31.05.2024 exceeded 146.41% of eligible premiere for that year which is bad in view of the fact that the earlier termination notice issued to the petitioner in the year 2016 has already been stayed by this Hon’ble Court in W.P.(S) No. 822 of 2017 vide order dated 02.03.2017 and subsequent order dated 06.03.2017 and the said writ application is still pending before this Hon’ble Court also bad in law in view of the order passed by the Hon’ble Calcutta High Court dated 23.08.2024, whereby the Hon’ble Calcutta High Court in same situation has been pleased to stay the subsequent show cause notice against the termination order issued by the respondent in the said case; b. For any other relief or reliefs for which the petitioner is very much entitled under the law in the facts and circumstances of the case.”

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At the outset, learned counsel for the petitioner submits that

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the case may be disposed of by giving liberty to the petitioner to file a

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fresh representation so that his case can be decided in accordance with rules and regulation.

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Learned counsel for the respondents submits that since no counter-affidavit has been filed as such the petitioner may be directed to file a fresh representation with regard to the claim made in the instant writ application.

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Having regard to the limited submission made by learned counsel for the parties, the instant writ application is hereby disposed by directing the respondent no. 2 to consider this writ application as representation and take a decision in the matter in accordance with law and applicable rules and regulation by passing a reasoned and speaking order within a period of 16 weeks from the date of receipt/production of copy of this order. The petitioner is directed to serve a copy the record of the instant writ application to respondent no.2 for early disposal of his claim.

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Amit

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Sushil Kumar v. Life Insurance Corporation of India through Its Chairman

Case brief

What is this about?

What did the court decide?

Sushil Kumar v. Life Insurance Corporation of India through Its Chairman

Case brief

What is this about?

What did the court decide?

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