Writ petition by a part-time sweeper challenging termination and seeking regularization of services. Court dismissed petition, holding no direction can be issued without proof of appointment in accordance with constitutional employment norms.
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HONOURABLE SRI JUSTICE SANJAY KUMAR
Dated 15-4-2010
WRIT PETITION No: 2028 of 2001
Between:
V.Padmamma.
..... PETITIONER
AND
The Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office, Nellore and others.
....RESPONDENTS
HONOURABLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No: 2028 of 2001
ORDER:
The petitioner, a part-time sweeper in the service of the Life Insurance Corporation of India (L.I.C. of India), challenges her termination from service without following the due process of law. She also assails the action of the L.I.C. of India in not regularizing her services in the post of sweeper and seeks a consequential direction to do so.
2. The husband of the petitioner was a part-time sweeper in the L.I.C. of India and he died in a train accident on 213-1994.
3. It is the case of the petitioner that after the death of her husband, she was provided employment as a sweeper on parttime basis but her services were discontinued in December, 2000 without compliance with due process. She accordingly filed the
present writ petition seeking the reliefs stated hereinbefore.
4. No counter-affidavit has been filed by the L.I.C. of India.
5. It is however to be noticed that the L.I.C. of India addressed letter dated 2-7-1994 to the petitioner, referring to her application dated 22-4-1994 seeking appointment on compassionate grounds, and informing her that there was no provision for providing appointment on compassionate grounds to the dependents of a deceased part-time employee. It is also to be noticed that even as per the petitioner’s own admission, she has been out of the service of the L.I.C. of India since December, 2000. There is no material placed on record to demonstrate that the appointment of the petitioner, even if true, was in accordance with the due procedure, following relevant norms.
6. In the light of the principle laid down by the Supreme Court in SECRETARY, STATE OF KARNATAKA AND OTHERS v. UMADEVI AND OTHERS ([1] ) , there can be no direction to regularize the services of the petitioner unless her appointment is shown to be in accordance with the constitutional scheme of employment.
7. The Writ Petition therefore fails and is accordingly dismissed. No costs.
___________________________ JUSTICE SANJAY KUMAR Dated 15-04-2010. Dvs
HONOURABLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No: 2028 of 2001
Dated 15-4-2010
[1] (2006) 4 SCC Page 1
2 issues framed by the court
Whether the petitioner's services should be regularized despite lack of compliance with due process of law.
Whether direction can be issued to regularize services of a part-time employee without proof of constitutional compliance.
Colour shows how this judgement treated each authority
V.Padmamma
The Senior Divisional Manager, Life Insurance Corporation of India
SANJAY KUMAR
As recorded by the court registry
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