K.Muthukumaran Vs the Chairperson

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondent herein to regularize the petitioner service and fix scale of pay with notional effect from his initial appointment on 31.03.1988 and pay the arrears of 50 % back waged till the date of the award of the CGIT, Delhi in ID No.27 of 1991, dated 18.06.2001 and pay the arrears of difference of wage and other retirement benefits within a stipulated time considering the petitioner’s representation dated 21.09.2022 and Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P. Nos.4131 of 2024 & 30302 of 2025 in implementing the award of the CGIT. Delhi in ID No.27 of 1991 dated 18.06.2001 which was confirmed by the Hon’ble Supreme Court in Civil Appeal No.6950 of 2009 dated 18.03.2015 and consequential order dated 09.08.2016 passed in Review Application No.3846 of 2015 and order dated 22.02.2017 made in Curative petition No.23 of 2017.

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For petitioner : Mr.P.R.Thiruneelakandan

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For Respondents : Mr.R.S.Anandan

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WP.No.30302 of 2025

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Hariharan … Petitioner Vs

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1.THE CHAIRPERSON,

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CENTRAL OFFICE, LIC OF INDIA, POST BOX NO.12283, NARIMAN POINT, MUMBAI-400 021.

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2.THE ADDITIONAL EXECUTIVE DIRECTOR (PERSONAL) LIC OF INDIA,

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CENTRAL OFFICE, PERSONAL DEPARTMENT, MPP & R DESK, YOGAKSHEMA, J.B. MARG, MUMBAI-400 021

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3.THE REGIONAL MANAGER (P & IR),

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SOUTH ZONE, LIC OF INDIA, ZONAL OFFICE, DOOR NO.153, LIC BUILDING, ANNASALAI, MOUNT ROAD, CHENNAI-600 002.

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4.THE ZONAL MANAGER,

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SOUTH ZONE, LIC OF INDIA, ZONAL OFFICE, DOOR NO.153, LIC BUILDING, ANNASALAI, MOUNT ROAD, CHENNAI-600 002 … Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records pertaining to the 2nd respondent Central Office circular dated 15.02.2019 Page 2 of 8

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https://www.mhc.tn.gov.in/judis

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W.P. Nos.4131 of 2024 & 30302 of 2025 (Ref.PER/ MPR/ 18-19/ L89) issued by the Life Insurance Corporation of India (LIC), and the consequential order dated 21.11.2024 passed by the 3rd respondent Regional Manager (P & IR), LIC south Zone, Chennai, and quash the same, consequently direct the Respondents to regularise the service of the petitioner from the date of his initial engagement , ie., 08.04.1988, and fix the scale of pay and extend all consequential benefits, including notional pay fixation, seniority, and periodical pay revisions from the date of such regularisation, and pay the petitioner 50 % of back wages from the date of the CGIT Award dated 18.06.2001 till the date of actual reinstatement, ie.,23.10.2017, in terms of the Hon’ble Supreme Court’s order dated 09.08.2016 in Review Petition No.3846 of 2015 and revise and pay the petitioner’s terminal benefits, including pension, gratuity, and leave encashment, by taking into account his entire deemed period of service from 08.04.1988 to 30.06.2023.

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For petitioner : Mr.P.R.Thiruneelakandan For Respondents : Mr.R.S.Anandan

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COMMON ORDER

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The Writ Petition in WP.No.30302 of 2025 has been filed praying

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to quash the 2nd respondent Central Office circular dated 15.02.2019 (Ref.PER/ MPR/ 18-19/ L89) issued by the Life Insurance Corporation of India (LIC), and the consequential order dated 21.11.2024 passed by the 3rd respondent Regional Manager (P & IR), LIC south Zone, Chennai. The writ petition in WP.No.4131 of 2024 has been filed for direction to regularize the petitioner’s service and fix scale of pay with notional effect from his initial appointment on 31.03.1988 and Page 3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P. Nos.4131 of 2024 & 30302 of 2025 pay the arrears of 50 % back waged till the date of the award of the CGIT, Delhi in ID No.27 of 1991, dated 18.06.2001 and pay the arrears of difference of wage and other retirement benefits within a stipulated time considering the petitioner’s representation dated 21.09.2022 and in implementing the award of the CGIT. Delhi in ID No.27 of 1991 dated 18.06.2001 which was confirmed by the Hon’ble Supreme Court in Civil Appeal No.6950 of 2009 dated 18.03.2015 and consequential order dated 09.08.2016 passed in Review Application No.3846 of 2015 and order dated 22.02.2017 made in Curative petition No.23 of 2017.

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The learned counsel appearing for the petitioners would submit that the petitioners were appointed in LIC on temporary basis through employment exchange in the year 1988. After a certain period, they were disengaged. Aggrieved by the same, the petitioners raised industrial dispute before Central Government Industrial Tribunal in ID.No.27 of 1991 seeking regularisation of similarly placed temporary employees. The Central Government Industrial Tribunal passed award in favour of the petitioners on 18.06.2001 directing the respondents to regularise such temporary employees including the petitioners who were appointed from 20.05.1985 to 04.03.1991 and worked for 85 days in Class III and 70 days in Class IV employees. Aggrieved by the same, the

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Page 4 of 8

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https://www.mhc.tn.gov.in/judis

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W.P. Nos.4131 of 2024 & 30302 of 2025 respondents-LIC filed writ petition before the Delhi High Court and the same

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was dismissed, against which they filed civil appeal before the Hon’ble Apex Court in CA.No.6950 of 2009 and the Hon’ble Apex Court also upheld the order of the Central Government Industrial Tribunal, in which the petitioners are entitled to continuity of service with 100% backwages and subsequently, review petition was was filed and the review petition was partly modified restricting the backwages to 50%. Thereafter, for implementation of the order of the Central Government Industrial Tribunal in ID.No.27 of 1991, the writ petition in WP.No.4131 of 2024 was filed and in the meanwhile the petitioners made representations for payment of 50% backwages. However, the third respondent passed the order dated 21.11.2024 which is impugned in WP.No.30302 of 2025 as if saying that the terminal benefits were settled in favour of the petitioner therein as per the order of the Hon’ble Apex court, challenging which, the above writ petition in WP.No.30302 of 2025 has been filed.

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The learned counsel appearing for the petitioners would submit that this Court may grant liberty to the petitioners to file appropriate petition before the Hon’ble Supreme Court as well as Central Government Industrial Tribunal in ID.No.27 of 1991 for appropriate relief as the order impugned in the writ petition in WP.No.30302 of 2025 is contrary to the order passed by the Hon’ble

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Page 5 of 8

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W.P. Nos.4131 of 2024 & 30302 of 2025 Apex Court as well as Central Government Industrial Tribunal.

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Recording the same, both the writ petitions are disposed of with liberty to the petitioners to work out the remedy in the manner known to law. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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02.02.2026

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Index :Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No lok

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Page 6 of 8

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W.P. Nos.4131 of 2024 & 30302 of 2025

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To