In a Writ Appeal, the High Court of Kerala dismissed the appeal filed by the Life Insurance Corporation of India against an order directing the Corporation to consider a petitioner for regular recruitment without reference to the upper age limit, finding no error in the lower courts.
The Writ Appeal filed by the appellant has been dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937
WA. No.83 of 2011 ( ) IN OP. No.11706/2001
AGAINST THE ORDER/JUDGMENT IN OP NO.11706/2001 AND JUDGMENT DATED 1.12.2010 IN R.P NO.930 OF 2010 OF HIGH COURT OF KERALA DATED 18-08-2010.
APPELLANT(S)/RESPONDENTS:
1. THE LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY ITS CHAIRMAN, THE LIFE INSURANCE CORPORATION OF INDIA OFFICE, BOMBAY-400 021.
2. THE ZONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, ZONAL OFFICE, MADRAS.
3. THE SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, LIFE INSURANCE CORPORATION OF INDIA, PATTOM, THIRUVANANTHAPURAM-695004.
BY ADV. SRI.S.EASWARAN
RESPONDENT(S)/PETITIONER:
M.J.WATSON, T.C.8/9, PAMALA COTTAGE. THIRUMALA P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.R.MANOJ
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KRJ
ASHOK BHUSHAN, C.J &
A.M.SHAFFIQUE, J
= = = = = = = = = = = = = = = = = W.A No.83 of 2011
= = = = = = = = = = = = = = = = = = Dated this the 8th day of February, 2016
JUDGMENT
Ashok Bhushan, CJ
Heard. This writ appeal has been filed against order dated 1.12.2010 passed in R.P No.930 of 2010 as well as against judgment dated 18.8.2010 in O.P No.11706 of 2001. The original petition was filed by respondents to the appeal praying for following reliefs:
WA.83/11
-:2:-
before the Apex Court for consideration of regularisation/ appointment. As per the scheme which was approved by the Apex Court, all those temporary employees who have worked for 85 years in any two consecutive calender years with the Life Insurance Corporation between 20.5.1985 till the date of judgment and who conformed to the required eligibility criteria for regular recruitment were permitted to compete for next regular recruitment. Such candidates will be given age relaxation for applying for regular recruitment. The petitioner in the original petition had claimed for a direction to consider him for selection to the post of Watchman, Liftmen and Sweepers in the service of the Corporation. Ext.P4 was also challenged by which, representation dated 15.7.2000 submitted by some of the employees was also questioned.
WA.83/11
-:3:-
-:4:-
WA.83/11
fairly entitled to be extended the benefit of the Apex Court judgment dated 23.10.1992.
Therefore, the writ appeal is dismissed.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE
Sd/- A.M.SHAFFIQUE JUDGE
krj.9/2/16
1 issue framed by the court
Whether the Writ Appeal against the Single Judge's order and High Court judgment permitting the petitioner to compete without upper age relaxation under the Apex Court scheme should be allowed.
Colour shows how this judgement treated each authority
S.L.P(C) No.10393 of 1992Referred¶26
The Life Insurance Corporation of India
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
