The High Court of Kerala dismissed a writ petition by a former temporary LIC employee seeking participation in a future departmental examination, declining to grant the prayer and stating no further direction was needed at the time.
Prayer to participate in the departmental examination was not granted; no further directions issued.
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 MR. JUSTICE SUNIL THOMAS THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943 WP(C) NO. 24619 OF 2020
PETITIONER:
SEEVELITHUNDUVILAKATHU VEEDU, NEAR GREENS SUPER MARKET, TC 29/573, THIRUVATHIRA, PETTAH P.O., THIRUVANANTHAPURAM.
BY ADVS. C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN
RESPONDENTS:
BY ADV SRI.S.EASWARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.24619 OF 2020
2
JUDGMENT
Dated this the 25th day of November, 2021
The petitioner herein was a temporary Assistant under the Kollam Branch of LIC. While so, after some years of service, she submitted a letter of resignation in 2011. She submitted a representation dated 12.07.2017 to permit her to withdraw the resignation. It seems that it was not accepted. In the meanwhile, the petitioner has approached this Court with W.P.(C.) No.23745 of 2019 which culminated in Ext.P3 judgment. The learned Single Judge had observed that the respondent shall consider the case of the petitioner for appointment, in case they are making any temporary appointment, without waiting for a further sponsoring by the Employment Exchange and without considering upper age limit, if any, fixed.
WPC NO.24619 OF 2020 3
this Court with a prayer that she may be permitted to participate in the Departmental Examination proposed to be held on 13.11.2020. It seems that, the examination is related to limited Departmental Examination conducted for confirmation of 44
candidates, who had specifically approached this Court and which was subject matter of a series of litigations, ultimately resulting in Ext.R4(c). The Division Bench confirmed the proposal to conduct a limited Departmental Examination confined to the above 44 candidates. Thereafter, there were few other proceedings in which this Court had affirmed it and it is submitted by the learned Standing Counsel for the LIC that examination for those 44 candidates
is now likely to be conducted without delay.
WPC NO.24619 OF 2020
4
In the light of the observation made by this Court
in Ext.P3 judgment, no further direction need to be issued at this juncture. The Writ Petition fails and is dismissed.
Sd/-
SUNIL THOMAS
JUDGE
SKP/25-11
WPC NO.24619 OF 2020
5
APPENDIX OF WP(C) 24619/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE APPOINTMENT LETTER DATED 15.07.2004 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE TRANSFER ORDER DATED 10.08.2004.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.23745/2019 DATED 30.01.2020 OF THIS HON'BLE COURT.
RESPONDENTS EXHIBITS:
ANNEXURE R4(a) TRUE COPY OF THE JUDGMENT DATED 24.7.2018 IN WP 5843/2009
ANNEXURE R4(b) TRUE COPY OF THE JUDGMENT DATED 87.1.2020 IN WP 42121 OF 2018 ANNEXURE R4(c) TRUE COPY OF THE JUDGMENT DATED 29.6.2020 IN WA 64 OF 2020
TRUE COPY
P.A.TO JUDGE
3 issues framed by the court
Whether the petitioner can be permitted to participate in a limited departmental examination after resignation.
Whether further directions are needed under the observation made in the earlier judgment regarding her appointment.
If the petitioner is eligible to participate in an upcoming examination proposed by the respondent.
Anila Ajith
Life Insurance Corporation of India
Sunil Thomas Thursday
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
