Madras High Court
S.Balaprabhu vs The Executive Director ... on 29 April, 2022
W.P.(MD) No.8620 of 2021 etc., batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) Nos.8620 & 8627 of 2021 and
22695, 22708, 22736, 22788 & 22743 of 2019
and
W.M.P.(MD) Nos.19451, 19453, 19456, 19457, 19483, 19551, 19552,
19494, 19495 & 19484 of 2019 and 6489 & 6495 of 2021
W.P.(MD) No.8620 of 2021 :-
S.Balaprabhu ... Petitioner
-vs-
1.The Executive Director (Personnel),
Life Insurance Corporation of India,
Central Office, Mumbai-400 021.
2.The Zonal Manager,
Zonal Office,
Life Insurance Corporation of India,
152, Anna Saalai, Chennai-600 002.
3.The Senior Divisional Manager,
Thanjavur Divisional Office,
Life Insurance Corporation of India,
Jeevan Prakash, Gandhiji Road,
Thanjavur-613 001. ... Respondents
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W.P.(MD) No.8620 of 2021 etc., batch
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Mandamus directing the 3rd respondent to appoint the
petitioner (Registration No.1780753078) in the post of Assistant if he is
found otherwise eligible by considering his application dated 29.09.2019 in
pursuant to the notification of the 3rd respondent dated 17.09.2019.
In W.P.(MD) Nos.8620 & 8627 of 2021:-
For Petitioner : Mr.Kathirvelu
Senior Counsel
assisted by Mr.K.Prabhu
For Respondents : Mr.G.Prabhurajadurai
In W.P.(MD) Nos.22695, 22708, 22736, 22788 & 22743 of 2019:-
For Petitioner : Mr.D.Selvanayagam
For Respondents : Mr.G.Prabhurajadurai
******
COMMON ORDER
The issues raised in these writ petitions are no more res integra, as the
Hon'ble Supreme Court elaborately considered the issue in Miscellaneous
Application No.1150 of 2019 in Contempt Petition (Civil) No.1921 of 2019
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W.P.(MD) No.8620 of 2021 etc., batch
in Civil Appeal No.6950 of 2009, dated 27.04.2022 and the Hon'ble
Supreme Court passed the following order:-
“75. The dispute is now of an antiquity tracing back to
nearly four decades. Finality has to be wrung down on the
dispute to avoid uncertainty and more litigation. Nearly
thirty-one years have elapsed since 1991. We have come to
the conclusion that the claims of those workers who are duly
found upon verification to meet the threshold conditions of
eligibility should be resolved by the award of monetary
compensation in lieu of absorption, and in full and final
settlement of all claims and demands. Thus, this Court directs
the following:
(i) A fresh verification of the claims of workers who
claim to have been employed for at least 70 days in Class IV
posts over a period of three years or 85 days in Class III
posts over a period of two years shall be carried out;
(ii) The verification shall be confined to persons who
were working between 20 May 1985 and 4 March 1991;
(iii)All persons who are found to be eligible on the
above norm shall be entitled to compensation computed at the
rate of Rs 50,000 for every year of service or part thereof.
The payment of compensation at the above rate shall be in
lieu of reinstatement, and in full and final settlement of all
claims and demands of the workers in lieu of regularisation
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W.P.(MD) No.8620 of 2021 etc., batch
or absorption and notwithstanding the directions issued by
this Court in TN Terminated Employees Association (supra);
(iv)In carrying out the process of verification, the
Committee appointed by this Court shall not be confined to
the certified list before the CGIT and shall consider the
claims of all workers who were engaged between 20 May
1985 and 4 March 1991;
(v) For the purpose of verification, LIC shall make
available all the records at the Divisional level to the
Committee appointed by this Court;
(vi)It will be open to the workers concerned or, as the
case may be, the Unions and Associations representing them,
to make available such documentary material in their
possession for the purpose of verification;
(vii) The process of verification shall be carried out
independently without regard to the Dogra Report, which is
held to be flawed;
(viii) The payment of compensation in lieu of
reinstatement shall be effected by LIC within a period of three
months from the date of receipt of the report of verification by
the Committee; and
(ix) The task of verification shall be carried out by a
Committee consisting of:
(a) Mr Justice P K S Baghel, former Judge of the
Allahabad High Court; and
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W.P.(MD) No.8620 of 2021 etc., batch
(b) Shri Rajiv Sharma, former District Judge and
member of the UPHJS.
LIC shall provide all logistical assistance to the
Committee and bear all expenses, including secretarial
expenses, travel and incidental expenses, as well as the fees
payable to the members of the Committee. Justice P K S
Baghel shall fix the terms of remuneration payable to the
members of the Committee.
2. In view of the judgment of the Hon'ble Supreme Court cited supra,
the case of the petitioners is also to be considered. Accordingly, the Writ
Petitions are disposed of. No costs. Consequently, connected
miscellaneous petitions are closed.
29.04.2022
Internet:Yes
Index:Yes
ssb/abr
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W.P.(MD) No.8620 of 2021 etc., batch
S.M.SUBRAMANIAM, J.
ssb/abr
To
1.The Executive Director (Personnel),
Life Insurance Corporation of India,
Central Office, Mumbai-400 021.
2.The Zonal Manager,
Zonal Office,
Life Insurance Corporation of India,
152, Anna Saalai, Chennai-600 002.
3.The Senior Divisional Manager,
Thanjavur Divisional Office,
Life Insurance Corporation of India,
Jeevan Prakash, Gandhiji Road,
Thanjavur-613 001.
W.P.(MD) Nos.8620 & 8627 of 2021 and
22695, 22708, 22736, 22788 & 22743 of 2019
29.04.2022
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