Karnataka High Court
Malathi S Bhat vs The Divsional Manager on 2 February, 2022
Bench: R Natarajpresided Byrnj
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.101983 OF 2018 (S-REG)
BETWEEN:
MALATHI S BHAT
D/O SHANKARA BHAT,
W/O NARASIMHA JOSHI,
AGED ABOUT 55 YEARS,
NO.33, SAPTHAGIRI LAYOUT,
BEHIND T.R. HOSPITAL,
J.P. NAGAR, 8TH PHASE,
BENGALURU-560076.
...PETITIONER
(BY SRI DINESH M KULKARNI, ADVOCATE)
AND :
1. THE DIVSIONAL MANAGER
L.I.C. OF INDIA,
JEEVAN PRAKASH,
COLLEGEL ROAD,
DHARWAD-580001.
2. THE REGIONAL MANAGER
L.I.C. SOUTH CENTRAL ZONAL OFFICE,
HYDERABAD IN SAIFABAD-KHAIRATABAD,
HYDERABAD.
3. LIC OF INDIA
POST BOX NO.11511,
NARIMAN POINT,
MUMBAI-400021,
REPRESENTED BY ITS CHAIRMAN/M.D.
...RESPONDENTS
(BY SRI NARAYAN V. YAJI, ADVOCATE FOR R1 TO R3)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT
NO.1 TO 3 TO ABSORB THE SERVICE OF THE PETITIONER AS ASSISTANT
IN THE PERMANENT POST WITH ALL CONSEQUENTIAL BENEFITS
INCLUDING THE MONETARY BENEFITS LIKE ARREARS OF SALARY ETC.,
TAKING INTO CONSIDERATION THE PAY SCALE AND REVISED PAY SCALE
FROM TIME TO TIME AS PER THE DECISINO OF THE HON'BLE SUPREME
COURT PASSED IN CASE OF TAMIL NADU TERMINATED FULL TIME
TEMPORARY LIC EMPLOYEES ASSOCIATION VS. LIFE INSURANCE
CORPORATION OF INDIA AND OTHERS IN CIVIL APPEAL NO.6950/2009
AND CONNECTED APPEALS, REPORTED IN (2015)2 SUPREME COURT
CASES (L & S) 738.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has sought for a writ in the nature of
mandamus to respondent No.3 to absorb the services of the
petitioner as Assistant in the permanent post with all
consequential benefits as per the judgment of the Hon'ble
Supreme Court in TAMIL NADU TERMINATED FULL TIME
TEMPORARY LIC EMPLOYEES' ASSOCIATION vs. LIFE
INSURANCE CORPORATION OF INDIA AND OTHERS in Civil
Appeals No.6950 of 2009 and connected Appeals reported in
(2015)2 SCC (L & S) 738.
2. The petitioner claims that she was employed on
temporary basis as a Temporary Assistant with effect from
09.01.1989 and worked for more than 85 days without any
break. However, her services were terminated on 03.04.1989.
She claimed that after termination she was given in marriage in
the year 1993 and left to Maharashtra where she was living with
her husband and two children. She claimed that her husband
died at a very young age while working in a private company.
The petitioner stated that between 1981-85 a large number of
class-III and class-IV employees were employed as badlis on
temporary and part time workers. The question regarding
regularization of these employees so escalated upto the Hon'ble
Supreme Court which ultimately decided the case in LIFE
INSURANCE CORPORATION OF INDIA (supra). The
petitioner, being entitled to the benefit of the order passed by
the Hon'ble Supreme Court and the consequent settlement
entered into by the employees of respondent No.3, made a
request to respondent No.3 to absorb her services as an
Assistant. Since the request of the petitioner is not considered,
she has filed the present writ petition seeking for suitable
directions.
3. The learned counsel for the respondents submitted
that as per the settlement entered into between the Employees
Association as well as the respondents, the petitioner was
required to submit the Bio-Data within one month and that she
failed to comply with the same.
4. Nonetheless, the learned counsel submitted that the
case of the petitioner would be considered in the light of the
judgment of Hon'ble Supreme Court referred above.
5. In view of the aforesaid submission, this writ petition
is allowed. The respondent No.3 is directed to consider the case
of the petitioner as per the judgment of Hon'ble Supreme Court
referred above and pass appropriate orders within a period of
three months from the date of receipt of certified copy of this
order.
Sd/-
JUDGE
hnm
