Surendra Asati vs Life Insurance Corportion Of India
2024 Latest Caselaw 6689 MP

Madhya Pradesh High Court

Surendra Asati vs Life Insurance Corportion Of India on 5 March, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                             WP No.12340 of 2023
                                  (SURENDRA ASATI Vs LIFE INSURANCE CORPORATION OF INDIA AND OTHERS)
                                                          WP No.23511 of 2022
                            (PRASHANT KUMAR DEHARIYA & OTHERS Vs LIFE INSURANCE CORPORATION OF INDIA AND
                                                              OTHERS)
                         Dated : 05-03-2024
                               Shri Varun Tankha - Advocate for Petitioners.
                               Shri N.S.Ruprah - Advocate for Respondents.

Learned counsel for the petitioners submits that the Apex Court had passed an order on 18.1.2011 in Life Insurance Corporation of India &

Another versus D.V.Anil Kumar Etc 2011 SCC OnLine SC 1602 as contained in Annexure P/1. In terms of the undertaking furnished by the Life Insurance Corporation of India, one time limited examination for those temporary persons, who were working in Life Insurance Corporation of India for more than 5 years and who possessed the Minimum Eligibility Qualification and the age as prescribed at the relevant time from their entry into Life Insurance Corporation of India should be considered and thereafter a Scheme was framed in this regard.

Learned counsel for the petitioners submits that the petitioners had

obtained certificates from the Branch Managers concerned where they were working in terms of the Policy but without considering their candidature, they have been stopped from appearing in the examination and thus deprived the benefit of absorption. Despite issuance of certificates by the competent authority as contained in Annexure P/8 showing the period of engagement and duly signed by the Branch Managers concerned, the respondents had raised a doubt over the authenticity of the certificates and had asked for further more supporting documents.

Learned counsel for the petitioners submits that the respondents have communicated that the petitioners were working for a broken period and they say so on the strength of non-availability of the payment vouchers for the intervening period. Since payments were made in cash and vouchers/hand receipts must be maintained at the level of the Life Insurance Corporation of India and for that the petitioners cannot be held responsible.

Learned counsel for the respondents submits that firstly, the petitioners have not produced certificates for all the petitioners and secondly no verifiable data is available. He, however, undertakes to seek instructions as to upto which date, payments were made in cash in Life Insurance Corporation of India and

from which date, payments to the Class-IV Employees have been started to be given in their Bank Accounts.

Two weeks' time as prayed is allowed to Shri N.S.Ruprah, learned counsel for the respondents to do the needful.

A t this stage, learned counsel for the respondents submtis that the petitioners will have to give details from the record about the authenticated certificates issued in favour of various petitioners. Petitioner Nos.6, 7, 8, 12, 13, 14, 15, 16, 17, 18 & 19 of Writ Petition No.23511/2022 had filed a petition before the Indore Bench of this High Court and they have suppressed this fact before the High Court and, therefore, they are guilty of abuse of the process of law. Under such circumstances, in the light of the judgment of the Apex Court i n K.Jayaram & Others versus Bangalore Development Authority & Others (2022) 12 SCC 815, the petitioners are not entitled to any relief.

Keeping the aforesaid objection of Shri N.S.Ruprah open, list these cases after two weeks.

(VIVEK AGARWAL) JUDGE amit