1. Retnakaran K vs The Life Insurance Corporation Of ...
2023 Latest Caselaw 9347 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                       WP(C) NO. 27887 OF 2023
PETITIONERS:


    1       RETNAKARAN K., AGED 59 YEARS, S/O. KUNJUKRISHNAN C.,
            KAVILAKATHU VEEDU, THIRUVALLAM, TIRUVALLAM P.O.,
            THIRUVANANTHAPURAM, PIN - 695027

    2       JYOTHISH KUMAR. K.B., AGED 57 YEARS, S/O.J.T.KUMAR,
            JNANAMBIKA VILASOM, VARUVILA , KAAVINPURAM,
            VILAPPILSALA P.O., THIRUVANATHAPURAM, PIN - 695573

    3       SIVARAJAN S., AGED 59 YEARS, S/O. SOMAN K.,
            KEEZHCHARUVILA PUTHEN VEEDU, VANDITHADAM, THIRUVALLAM,
            THIRUVANANTHAPURAM, PIN - 695027

            BY ADV S.VISHNU


RESPONDENTS:


    1       THE LIFE INSURANCE CORPORATION OF INDIA, CENTRAL
            OFFICE, YOGAKSHEMA JEEVAN BHIMA MARG, NARIMAN POINT,
            MUMBAI - 400 021, REPRESENTED BY ITS CHAIRMAN.

    2       THE DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF
            INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, P.B.NO.1001,
            PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004

    3       THE MANAGER P&IR, LIFE INSURANCE CORPORATION OF INDIA,
            DIVISIONAL OFFICE, JEEVAN PRAKASH, P.B.NO.1001, PATTOM
            P.O., THIRUVANANTHAPURAM, PIN - 695004

            SRI.S.EASWARAN [SC]


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27887 OF 2023
                                2


                            JUDGMENT

The petitioners assert that even though they are fully

entitled to the benefits under Ext.P3 judgment of the Hon'ble

Supreme Court, when the first petitioner applied for the same

through Ext.P6 before the first respondent - Life Insurance

Corporation of India (LIC), it has been rejected through

laconic orders, produced as Exts.P7 series. They allege that

the consideration by the LIC, of the issues projected by them,

has been done in a mechanical fashion and without any

application of mind, which is reflected from the impugned

orders. They thus pray that Ext.P7 series of communications

be set aside and the competent Authority of the LIC be directed

to reconsider Ext.P6 in terms of Ext.P3 judgment.

2. In reply to the afore submissions of the petitioners, as

made by their learned counsel - Sri.S.Vishnu, the learned

standing counsel for the LIC - Sri.S.Easwaran, submitted that

Ext.P3 has, in fact, been virtually overruled by a larger Bench

of the Hon'ble Supreme Court; but conceded that this has not

been mentioned in Ext.P7 series replies. He, therefore, prayed

that if this Court is not inclined to accept the said orders, then

liberty may be reserved to his clients to reconsider the matter

in its proper perspective and to issue fresh orders. WP(C) NO. 27887 OF 2023

3. When I examine Ext.P7 series of communications, I

must say that the petitioners are right in contesting that it is a

laconic one. It does not cite any reason for not acceding to the

request made by them in Ext.P6 representation. Obviously, it

has to be decided in a proper manner and appropriate orders

issued, so that the petitioners can then obtain further cause of

action, as they are advised.

In the afore circumstances, I allow this writ petition and

set aside Ext.P7 series; with a consequential direction to the

competent Authority of the LIC to take a decision on Ext.P6

representation, along with the representation of the other two

petitioners, and take a decision thereon, as expeditiously as is

possible, but not later than one month from the date of receipt

of a copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 27887 OF 2023

APPENDIX OF WP(C) 27887/2023 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OFFER OF APPOINTMENT TO THE 1ST PETITIONER DATED 15.09.1997 ISSUED BY THE DIVISIONAL OFFICE, LIC THIRUVANANTHAPURAM

Exhibit P1(a) TRUE COPY OF THE OFFER OF APPOINTMENT TO THE 1ST PETITIONER DATED 12.01.1998 ISSUED BY THE DIVISIONAL OFFICE, LIC THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 13.04.1998 ISSUED BY THE BRANCH MANAGER, CHATHANNOOR UNDER THIRUVANANTHAPURAM DIVISION OF LIC TO THE 1ST PETITIONER

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 18.03.2015 IN CIVIL APPEAL NO. 6950/2009, 6951/2009 AND CONNECTED CASES OF THE HON'BLE SUPREME COURT.

Exhibit P4 TRUE COPY OF THE NOTICE PUBLISHED BY THE 1ST RESPONDENT DATED 21.07.2015.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 03.08.2015 SUBMITTED BY THE 1ST PETITIONER

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 26.12.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE COMMUNICATION NO. P&IR DATED 19.05.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.

Exhibit P7(a) TRUE COPY OF THE COMMUNICATION NO. P&IR DATED 19.05.2023 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.

Exhibit P7(b) TRUE COPY OF THE COMMUNICATION NO. P&IR DATED 19.05.2023 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER.