Telangana High Court
Nasreem Begum vs Life Insurance Corporation Of India And ... on 11 June, 2024
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.No. 27324 of 2021
ORDER:
In this writ petition, the petitioner is seeking a writ of Certiorari to call for the records pertaining to the impugned order passed by the respondent No.2 dated 02.11.2019 and to set aside the same as irregular, unjustifiable, irrelevant, arbitrary and unconstitutional and consequently to direct the respondents to declare that the petitioner's son i.e., Iqbal Ali Baig is eligible for any suitable employment under compassionate grounds and to pass such other order or orders in the interest of justice.
2. Brief facts leading to the filing of the present writ petition are that the petitioner is the wife of the deceased employee. The petitioner's husband was appointed as a watchman in the respondent No.1 organization and died on 23.07.1998 while in service. It is submitted that the petitioner and the deceased employee were blessed with six daughters and two sons and only one daughter was married as on the date of the death of the employee. Immediately, after the death of the employee, the petitioner submitted a representation for 2 TMD,J W.P.No. 27324 of 2021 compassionate appointment to herself and sought time for acquiring relevant educational qualifications. However, she made a representation on 16.07.2001 expressing her inability to acquire the necessary educational qualification and had requested that her son Sri.Iqbal Ali Baig, who was admittedly studying in 9th Class be considered for compassionate appointment on his attaining the age of 18 years on 19.12.2002. The respondents, however, observed that as per the terms and conditions of service of the staff of LIC, the compassionate appointment in respect of a minor can be considered only when he/she attains the age of majority within a period of three years from the date of death of the employee. Observing that the petitioner's son would still be a minor on expiry of three years from the date of death of the employee, the case of the petitioner was rejected. It is further submitted that the terminal/death benefits of the deceased employee were settled to the nominee/spouse i.e., the petitioner herein. Challenging the said action of the respondents in denying the compassionate appointment to the son of the petitioner, the present writ petition has been filed.
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TMD,J W.P.No. 27324 of 2021
3. Learned counsel for the petitioner reiterated the submissions made in the writ affidavit and submitted that due to large number of dependants on the deceased employee, the petitioner and her family members are suffering due to his death. It is submitted that the family is in penury and therefore, respondents should be directed to consider the case of the petitioner for compassionate appointment to one of her sons i.e., Sri.Iqbal Ali Baig, who attained the age of majority in the year 2002 for compassionate appointment.
4. Learned counsel for the petitioner placed reliance upon the order of this Court in W.P.No.27572 of 2017, dated 13.10.2022, wherein, considering the distress and penury of the dependants, this Court had directed the respondents therein to consider the case of the petitioner therein for compassionate appointment in a suitable post.
5. Learned Standing Counsel for the respondents, however, relied upon the averments made in the counter affidavit and submitted that the service conditions of the respondent's organization provide that the dependant of the deceased employee has to attain the age of majority within a period of three years from the date of death of the employee, to 4 TMD,J W.P.No. 27324 of 2021 be considered for compassionate appointment. It is submitted that it is only in order to help the family in the time of distress that the compassionate appointment is offered and for the said purpose, the period of three years has been considered as reasonable. He has drawn the attention of this Court to the averments made in the counter affidavit, to submit that sufficient time was given to the wife of the deceased to acquire necessary educational qualifications and since she failed to acquire the same, her case could not be considered for compassionate appointment and all the terminal and death benefits have been settled to the petitioner.
6. Learned Standing Counsel for the respondents No.1 and 2 further placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Life Insurance Corporation of India Vs. Asha Ramchhandra Ambekar (Mrs) and Another 1, in support of his contention that the High Court cannot give directions to consider the case of the petitioners for appointment on compassionate grounds de-hors the service conditions and instructions.
1 (1994) 2 SCC 718 5 TMD,J W.P.No. 27324 of 2021
7. Having regard to the rival contentions and the material on records, this Court finds that the only reason for rejecting the request of the petitioner for compassionate appointment was that petitioner's son was a minor at the time of death of the employee and also after lapse of three years from the date of death of the employee. Admittedly, the son of the petitioner would be major on 19.12.2002. The Sub Clause (ii) of Section 21 of LIC of India Recruitment Instructions deals with relaxation of conditions in respect of the near relative of an employee who dies while in service and Clause (c) under the Proviso to Sub Section (v) of Section 21 provides for relaxation of time upto three years from the date of death of the employee where all the children are minors.
8. The Hon'ble Supreme Court, in the case of the respondents cited supra, has considered the prescribed rules and has held that the Courts should endeavor to find out whether a particular case in which sympathetic considerations are to be weighed falls within the scope of law and that disregard of law, however, hard the case may be, should never be done. It is also observed that the Corporation being a statutory Corporation, is bound by the LIC Act as well as the 6 TMD,J W.P.No. 27324 of 2021 statutory regulations and instructions, which cannot be put aside and compassionate appointment be ordered.
9. Learned counsel for the petitioner has not been able to show any judgment to the contrary. Since the judgment of the Hon'ble Supreme Court is in the case of the respondents herein with regard to the compassionate appointment only, this Court is bound by the principles laid down in the said case particularly in the case of the respondents herein.
10. Respectfully following the same, as the request of the petitioner is against the service rules of the LIC for giving the compassionate appointment, this writ petition is liable to be dismissed.
11. Accordingly, this writ petition is dismissed. There shall be no order as to costs.
12. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
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JUSTICE T.MADHAVI DEVI
Date: 11.06.2024
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