Madras High Court
P.S.Nagarajan vs The Chairman on 28 September, 2022
WA(MD)Nos.1382 to 1389 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
W.A.(MD)Nos.1382 to 1389 of 2016
and
C.M.P.(MD)Nos.10117 to 10124, 10845 to 10848,
& 10947 to 10950 of 2016
W.A.(MD)No.1382 of 2016:
P.S.Nagarajan ... Appellant / Petitioner
/Vs./
1.The Chairman,
Life Insurance Corporation of India,
Central Office,
“Yogakshema”,
Mumbai.
2.The Executive Director (M-B & AC),
Life Insurance Corporation of India,
Marketing Bancassurance & Alt. Ch. Department,
Page 1 of 6
https://www.mhc.tn.gov.in/judis
WA(MD)Nos.1382 to 1389 of 2016
Central Office,
“Yogakshema”,
J.B.Marg,
Mumbai.
3.The Zonal Manager,
Life Insurance Corporation of India,
Southern Zonal Office,
Old No.102, New No.153, L.I.C.Building,
Anna Salai, Mount Road,
Chennai – 600 002.
4.The Senior Divisional Manager,
Life Insurance Corporation of India,
Divisional Office,
“Jeevan Praksh”,
Bridge Station Road, Sellur,
Madurai – 625 002. ...Respondents /Respondents
PRAYER: Appeal - filed under Clause 15 of the Letters Patent, praying
this Court, to allow this Writ Appeal by setting aside the order made in
WP(MD)No.1622 of 2016 dated 02.09.2016.
Page 2 of 6
https://www.mhc.tn.gov.in/judis
WA(MD)Nos.1382 to 1389 of 2016
For Appellant : Mr.C.Jeganathan
For Respondents : Mr.G.Prabu Rajadurai
COMMON JUDGMENT
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
The subject matter of these cases pertains to the regularization sought
for by the appellants / petitioners as Financial Service Executives.
2. Heard Mr.C.Jeganathan, learned counsel appearing for the
appellants and Mr.G.Prabu Rajadurai, learned counsel appearing for the
respondents.
3. The brief facts of the case are that the Financial Service Executives
were appointed by the Life Insurance Corporation for a period of three years
on contractual basis renewable at the sole discretion of the Corporation,
subject to certain terms and conditions for a further period of two years. As
https://www.mhc.tn.gov.in/judis
WA(MD)Nos.1382 to 1389 of 2016
per the existing terms and conditions, the maximum period of extension of
the contractual period is eight years as Financial Service Executives. The
appellants / petitioners have put to challenge concerned terms and
conditions and have sought for a direction to continue them in the post of
Financial Service Executives.
4. The learned Single Judge of this Court, on appreciating the entire
materials placed before the Court and after considering the Division Bench
Judgment of Kerala High Court in W.A.No.1707 of 2014, dated 09.03.2015,
came to a categoric conclusion that the appellants are not entitled for
regularization, since they are bound by the contract entered into with the
Corporation. However, considering the fact that the appellants had worked
for a period of eight years, a direction was given to the Life Insurance
Corporation to consider their candidature for the future employment, as and
when any vacancy arises and by granting regularization of their age.
Accordingly, all the writ petitions were disposed of by order dated
02.09.2016. Aggrieved by the same, these Writ Appeals have been filed
before this Court.
https://www.mhc.tn.gov.in/judis
WA(MD)Nos.1382 to 1389 of 2016
5. When the matter was taken up for hearing, it was brought to the
notice of this Court that the order passed by the Kerala High Court has been
confirmed by the Hon'ble Apex Court in Writ Petition (C) No.13 of 2017 in
the case of Welfare Association of Contractual Executives of Life
Insurance Corporation of India Authorized Sign vs. Life Insurance
Corporation of India and another, dated 19.04.2018. By virtue of this
order, the order passed by the learned Single Judge relying upon the
Division Bench Judgment of the Kerala High Court stands confirmed.
6. We do not find any ground to interfere with the order passed by the
learned Single Judge and accordingly, all these Writ Appeals are dismissed.
No costs. Consequently, connected Miscellaneous Petitions are closed.
(J.N.B.,J.) (N.A.V.,J.)
28.09.2022
Index : Yes/No
Internet : Yes
sm
https://www.mhc.tn.gov.in/judis
WA(MD)Nos.1382 to 1389 of 2016
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
sm
Common Judgment made in
W.A.(MD)Nos.1382 to 1389 of 2016
Dated
28.09.2022
https://www.mhc.tn.gov.in/judis
