Ajith Kumar K.J vs Life Insurance Corporation Of India

Kerala High Court

Ajith Kumar K.J vs Life Insurance Corporation Of India on 20 May, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                      WP(C) NO. 14033 OF 2015 (D)
PETITIONERS:

     1     AJITH KUMAR K.J.
           ASSISTANT, LIFE INSURANCE CORPORATION OF INDIA,
           BRANCH OFFICE I, KOTTAYAM.

     2     SAILESH KUMAR K.S.
           HIGHER GRADE ASSISTANT (PROGRAMMER), DIVISIONAL OFFICE
           (KGSD), LIFE INSURANCE CORPORATION OF INDIA, KOTTAYAM.

     3     MATHEW JOSEPH,
           ASSISTANT, LIFE INSURANCE CORPORATION OF INDIA,
           BRANCH OFFICE, VAIKOM.

     4     SYRIAC VARGHESE,
           ASSISTANT, LIFE INSURANCE CORPORATION OF INDIA,
           DIVISIONAL OFFICE, NAGAMPADOM, KOTTAYAM.

     5     SAVIOUR M.T.
           HIGHER GRADE ASSISTANT, LIFE INSURANCE CORPORATION OF
           INDIA, BRANCH OFFICE, MAVELIKKARA.

           BY ADVS.
           SRI.S.P.ARAVINDAKSHAN PILLAY
           SRI.S.A.ANAND
           SMT.L.ANNAPOORNA
           SRI.K.A.BALAN
           SRI.PETER JOSE CHRISTO
           SMT.N.SANTHA
           SRI.V.VARGHESE



RESPONDENTS:

     1     LIFE INSURANCE CORPORATION OF INDIA,
           REP. BY ITS CHAIRMAN, CENTRAL OFFICE, YOGAKSHEMA,
           JEEVAN BIMA MARG, MUMBAI, PIN-400 021.

     2     THE SENIOR DIVISIONAL MANAGER,
           LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE,
           JEEVAN PRAKASH, NAGAMPADOM, KOTTAYAM, PIN-686 001.
 WP(C) NO. 14033 OF 2015 (D)             -2-



     3      UNION OF INDIA,
            REP. BY THE SECRETARY, MINISTRY OF FINANCE,
            DEPT. OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING,
            PARLIAMENT STREET, NEW DELHI-110 001.

            BY ADVS.
            SRI.R.S.KALKURA
            SMT.H.SUBHALEKSHMI CGC




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          = = = = = = = = = = = = = = = = = =
               W.P.(C) No.14033 of 2015
          = = = = = = = = = = = = = = = = = =
          Dated this the 20th day of May, 2024

                    J U D G M E N T

The issue involved in this writ petition relates to fixation of salary of re-employed ex-service men in the first respondent-Life Insurance Corporation of India.

2. The petitioners were appointed in the Kottayam division of the first respondent in the year 2009. As per Exts.P7, P11, P13 and P15 orders dated 18.09.2013 there was re-fixation of the salary of petitioners 1 to 5 respectively. Subsequently, as per Exts.P22 to P26, it was altered to a lower pay. As per Exts.P33 to P37, recovery of excess salary paid in view of the re- fixation under Exts.P22 to P26, was ordered. It is at that stage that the writ petition was filed challenging the down-gradation in the pay and also the proposal to recover the alleged excess payments. W.P.(C) No.14033 of 2015 -: 2 :-

3. Pending the writ petition fresh pay fixation orders were issued as Exts.P40 to P44. Such fixation was with reference to a Circular dated 06.01.2017. The petitioners herein accepted such fixation. Accordingly the writ petition was disposed of as per judgment dated 23.10.2018. However, at the instance of the Corporation, the judgment was recalled. It is accordingly that the writ petition has now come up for hearing.

4. Heard learned counsel on either side.

5. In W.P.(C) No.35749/2017 and connected cases a learned single Judge of this Court as per judgment dated 25.08.2022 held the re-fixation under Exts.P40 to P44 to be valid. It was held that the re-fixation shall only be prospective; that it can have effect only from 06.01.2017. Applying the principle in State of Punjab v. Rafiq Masih (white washer) 2015 (1) KLT 429 (SC), it was held that no recovery shall be effected with regard to the payments already made.

-: 3 :-

6. The judgment was upheld in W.A. No.1887/2022 as per judgment dated 20.01.2023. However, another Bench of this Court as per judgment dated 22.02.2024 in W.A. No.922/2023, interfered with the pay revision and revived the original pay scale.

7. Learned counsel for the petitioners would submit before this Court that, the petitioners are accepting the fixation of scale under Exts.P40 to P44 which was upheld in W.A.1887/2022 and held to be prospective from 06.01.2017. It was also contended that in the light of the judgment of the Apex Court in White Washer's case (supra), there may not be recovery of excess amounts if any paid. The learned counsel for the Corporation would submit that no recovery proceedings have been initiated against the petitioners.

8. Since the petitioners are accepting the pay revision fixed under Exts.P40 to P44 which was upheld in W.P.(C) No.35749/2017 and affirmed in W.A. No.1887/2022 W.P.(C) No.14033 of 2015 -: 4 :- and connected cases, taking note of the submission of the learned counsel for the petitioners, I am inclined to dispose of this writ petition accordingly.

Resultantly, the writ petition is ordered upholding the pay fixation of the petitioners under Exts.P40 to P44 and holding that their pay is to be fixed accordingly. As ordered in W.P.(C) No.35749/2017, let there not be any recovery of excess salary if any paid to the petitioners.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 14033/2015 PETITIONER EXHIBITS EXT P1 : TRUE COPY OF THE CIRCULAR NO.ZD/687/ASP/89 DATED 2-6-1989 EXT P2 : TRUE COPY OF THE OFFICE MEMORANDUM NO.3/19/2009-ESTT (PAY II) DATED 5-4-2010.

EXT P3 : TRUE COPY OF THE GOVERNMENT LETTER NO.4/3/2012-WELFARE DATED 17-2-2014 OF THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF FINANCIAL SERVICES.

EXT P4 : TRUE COPY OF THE LETTER NO.HR & IR/KSCGOVT/589/8785 DATED 1-2-2014 OF THE IBA TO THE GOVERNMENT OF INDIA ALONG WITH THE GUIDELINES MENTIONED IN EXT P3.

EXT P5 : TRUE COPY OF LETTER NO.ET/767/4/4(L)(ADI) OF THE GENERAL MANAGER (E) OF WESTERN RAILWAY.

EXT P6 : TRUE COPY OF THE FITMENT TABLE ISSUED BY THE DEFENCE ESTABLISHMENT IN RESPECT OF THE 3RD PETITIONER. EXT P6(A) : TRUE COPY OF LETTER NO.AIR HQ/99798/126/NE/DAV/LPC DATED 4-4-2013.

EXT P7 : TRUE COPY OF COMMUNICATION NO.P&IR DATED 18-9-2013 OF THE MANAGER P&IR OF THE LIF OF INDIA, KOTTAYAM DIVISION. EXT P8 : TRUE COPY OF LETTER NO.P&IR DATED 18-11-2014 TO THE 1ST PETITIONER.

EXT P9 : TRUE COPY OF COMMUNICATION NO.P&IR DATED 18-9-2013 OF THE MANAGER P&IR OF THE LIC OF INDIA, KOTTAYAM DIVISION. EXT P10 : TRUE COPY OF LETTER NO.P&IR DATED 18-11-2014 TO THE 2ND PETITIONER.

EXT P11 : TRUE COPY OF COMMUNICATION NO.P&IR DATED 18-9-2013 OF THE MANAGER P&IR OF THE LIC OF INDIA, KOTTAYAM DIVISION. EXT P12 : TRUE COPY OF LETTER NO.P&IR DATED 18-11-2014 TO THE 3RD PETITIONER.

EXT P13 : TRUE COPY OF COMMUNICATION NO.P&IR DATED 18-9-2013 OF THE MANAGER P&IR OF THE LIC OF INDIA, KOTTAYAM DIVISION. EXT P14 : TRUE COPY OF LETTER NO.P&IR DATED 18-11-2014 TO THE 4TH PETITIONER.

APPENDIX-WP(C) 14033/2015 -2- EXT P15 : TRUE COPY OF COMMUNICATION NO.P&IR DATED 18-9-2013 OF THE MANAGER P&IR OF THE LIC OF INDIA, KOTTAYAM DIVISION. EXT P16 : TRUE COPY OF LETTER NO.P&IR DATED 18-11-2014 TO THE 5TH PETITIONER.

EXT P17 : TRUE COPY OF OBJECTION WITHOUT ITS ENCLOSURES DATED 1-12-2014 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

EXT P18 : TRUE COPY OF OBJECTION WITHOUT ITS ENCLOSURES DATED 1-12-2014 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

EXT 19 : TRUE COPY OF OBJECTION WITHOUT ITS ENCLOSURES DATED 1-12-2014 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT.

EXT P20 : TRUE COPY OF OBJECTION WITHOUT ITS ENCLOSURES DATED 1-12-2014 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT.

EXT P21 : TRUE COPY OF OBJECTION WITHOUT ITS ENCLOSURES DATED 1-12-2014 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT.

EXT P22 : TRUE COPY OF LETTER NO.P&IR DATED 18-12-2014 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT P23 : TRUE COPY OF LETTER NO.P&IR DATED 18-12-2014 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT P24 : TRUE COPY OF LETTER NO.P&IR DATED 18-12-2014 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXT P25 : TRUE COPY OF LETTER NO.P&IR DATED 18-12-2014 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. EXT P26 : TRUE COPY OF LETTER NO.P&IR DATED 18-12-2014 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. EXT P27 : TRUE COPY OF THE APPEAL WITHOUT ITS ENCLOSURES DATED 1-1-2015 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT P28 : TRUE COPY OF THE APPEAL WITHOUT ITS ENCLOSURES DATED 1-1-2015 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXT P29 : TRUE COPY OF THE APPEAL WITHOUT ITS ENCLOSURES DATED 1-1-2015 FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT. APPENDIX-WP(C) 14033/2015 -3- EXT P30 : TRUE COPY OF THE APPEAL WITHOUT ITS ENCLOSURES DATED 5-1-2015 FILED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT. EXT P31 : TRUE COPY OF THE APPEAL WITHOUT ITS ENCLOSURES DATED 7-1-2015 FILED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT. EXT P32 : TRUE COPY OF REPRESENTATION DATED 17-1-2015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT P33 : TRUE COPY OF LETTER NO.P&IR DATED 27-4-2015 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT P34 : TRUE COPY OF LETTER NO.P&IR DATED 27-4-2015 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT P35 : TRUE COPY OF LETTER NO.P&IR DATED 27-4-2015 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXT P36 : TRUE COPY OF LETTER NO.P&IR DATED 27-4-2015 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. EXT P37 : TRUE COPY OF LETTER NO.P&IR DATED 27-4-2015 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. Exhibit P63 TRUE COPY OF THE LETTER NO.A/810027/RTI/OF 68187 DATED 12/9/2021 Exhibit P64 TRUE COPY OF THE LETTER NO.A/20161/MP 8(1 OF R) (A) DATED 19/1/2015 OF THE ADJUTANT GENERAL OF INTERGRATED HEADQUARTERS OF THE MINISTRY OF DEFENCE (ARMY) Exhibit P65 TRUE COPY OF THE LETTER NO.15308027X/CF/NE-5 DATED 22/3/2021 SENIOR RECORD OFFICER OF THE MADRAS ENGINEER GROUP Exhibit P66 TRUE COPY OF THE CERTIFICATE NO.15308027XCFNE-5 DATED 9/4/2021 OF THE SENIOR RECORD OFFICER, MADRAS ENGINEERING GROUP Exhibit P67 TRUE COPY OF THE CERTIFICATE NO.AIR HQ/99798/83/DAV/A&A/QUERY-11 DATED 10/8/2021 OF THE WARRANT OFFICER DIRECTORATE OF AIR VETERANS, AIR HEADQUARTER, NEW DELHI.

APPENDIX-WP(C) 14033/2015 -4- Exhibit P68 TRUE COPY OF THE CERTIFICATE NO.AIR HQ/99798/83/DAV/A&A/QUERY/11 DATED 21/12/2021 OF THE WARRANT OFFICER, DIRECTORATE OF AIR VETERANS, AIR HEADQUARTER, NEW DELHI Exhibit P69 TRUE COPY OF THE CERTIFICATE NO.AIR HQ/99798/83/DAV/A&A/QUERY/11 DATED 24/1/2022 OF THE JUNIOR WARRANT OFFICER, DIRECTORATE OF AIR VETERANS, AIR HEADQUARTER, NEW DELHI Exhibit P70 TRUE COPY OF THE CERTIFICATE NO.AIR HQ/99798/83/DAV/A&A/QUERY/11 DATED 24/1/2022 OF THE JUNIOR WARRANT OFFICER, DIRECTORATE OF AIR VETERANS, AIR HEADQUARTER, NEW DELHI Exhibit P71 TRUE COPY OF THE REPRESENTATION DATED 21/6/2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE LIC Exhibit P72 TRUE COPY OF THE JUDGMENT DATED 25.08.2022 IN W.P. (C)NO.35749/2017 OF THIS HON'BLE COURT. Exhibit P73 TRUE COPY OF THE JUDGMENT DATED 22.02.2024 IN WRIT APPEAL NO.922/2023 OF A DIVISION BENCH OF THIS HON'BLE COURT.

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