Telangana High Court
Nasreem Begum vs Life Insurance Corporation Of India And ... on 11 June, 2024
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.No. 27324 of 2021
ORDER:
In this writ petition, the petitioner is seeking a writ of
Certiorari to call for the records pertaining to the impugned
order passed by the respondent No.2 dated 02.11.2019 and to
set aside the same as irregular, unjustifiable, irrelevant,
arbitrary and unconstitutional and consequently to direct the
respondents to declare that the petitioner's son i.e., Iqbal Ali
Baig is eligible for any suitable employment under
compassionate grounds and to pass such other order or orders
in the interest of justice.
2. Brief facts leading to the filing of the present writ
petition are that the petitioner is the wife of the deceased
employee. The petitioner's husband was appointed as a
watchman in the respondent No.1 organization and died on
23.07.1998 while in service. It is submitted that the petitioner
and the deceased employee were blessed with six daughters and
two sons and only one daughter was married as on the date of
the death of the employee. Immediately, after the death of the
employee, the petitioner submitted a representation for
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compassionate appointment to herself and sought time for
acquiring relevant educational qualifications. However, she
made a representation on 16.07.2001 expressing her inability to
acquire the necessary educational qualification and had
requested that her son Sri.Iqbal Ali Baig, who was admittedly
studying in 9th Class be considered for compassionate
appointment on his attaining the age of 18 years on 19.12.2002.
The respondents, however, observed that as per the terms and
conditions of service of the staff of LIC, the compassionate
appointment in respect of a minor can be considered only when
he/she attains the age of majority within a period of three years
from the date of death of the employee. Observing that the
petitioner's son would still be a minor on expiry of three years
from the date of death of the employee, the case of the petitioner
was rejected. It is further submitted that the terminal/death
benefits of the deceased employee were settled to the
nominee/spouse i.e., the petitioner herein. Challenging the said
action of the respondents in denying the compassionate
appointment to the son of the petitioner, the present writ
petition has been filed.
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3. Learned counsel for the petitioner reiterated the
submissions made in the writ affidavit and submitted that due
to large number of dependants on the deceased employee, the
petitioner and her family members are suffering due to his
death. It is submitted that the family is in penury and therefore,
respondents should be directed to consider the case of the
petitioner for compassionate appointment to one of her sons i.e.,
Sri.Iqbal Ali Baig, who attained the age of majority in the year
2002 for compassionate appointment.
4. Learned counsel for the petitioner placed reliance
upon the order of this Court in W.P.No.27572 of 2017, dated
13.10.2022, wherein, considering the distress and penury of the
dependants, this Court had directed the respondents therein to
consider the case of the petitioner therein for compassionate
appointment in a suitable post.
5. Learned Standing Counsel for the respondents,
however, relied upon the averments made in the counter
affidavit and submitted that the service conditions of the
respondent's organization provide that the dependant of the
deceased employee has to attain the age of majority within a
period of three years from the date of death of the employee, to
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be considered for compassionate appointment. It is submitted
that it is only in order to help the family in the time of distress
that the compassionate appointment is offered and for the said
purpose, the period of three years has been considered as
reasonable. He has drawn the attention of this Court to the
averments made in the counter affidavit, to submit that
sufficient time was given to the wife of the deceased to acquire
necessary educational qualifications and since she failed to
acquire the same, her case could not be considered for
compassionate appointment and all the terminal and death
benefits have been settled to the petitioner.
6. Learned Standing Counsel for the respondents No.1
and 2 further placed reliance upon the judgment of the Hon'ble
Supreme Court in the case of Life Insurance Corporation of
India Vs. Asha Ramchhandra Ambekar (Mrs) and Another 1,
in support of his contention that the High Court cannot give
directions to consider the case of the petitioners for
appointment on compassionate grounds de-hors the service
conditions and instructions.
1 (1994) 2 SCC 718
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7. Having regard to the rival contentions and the
material on records, this Court finds that the only reason for
rejecting the request of the petitioner for compassionate
appointment was that petitioner's son was a minor at the time
of death of the employee and also after lapse of three years from
the date of death of the employee. Admittedly, the son of the
petitioner would be major on 19.12.2002. The Sub Clause (ii) of
Section 21 of LIC of India Recruitment Instructions deals with
relaxation of conditions in respect of the near relative of an
employee who dies while in service and Clause (c) under the
Proviso to Sub Section (v) of Section 21 provides for relaxation of
time upto three years from the date of death of the employee
where all the children are minors.
8. The Hon'ble Supreme Court, in the case of the
respondents cited supra, has considered the prescribed rules
and has held that the Courts should endeavor to find out
whether a particular case in which sympathetic considerations
are to be weighed falls within the scope of law and that
disregard of law, however, hard the case may be, should never
be done. It is also observed that the Corporation being a
statutory Corporation, is bound by the LIC Act as well as the
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statutory regulations and instructions, which cannot be put
aside and compassionate appointment be ordered.
9. Learned counsel for the petitioner has not been able
to show any judgment to the contrary. Since the judgment of
the Hon'ble Supreme Court is in the case of the respondents
herein with regard to the compassionate appointment only, this
Court is bound by the principles laid down in the said case
particularly in the case of the respondents herein.
10. Respectfully following the same, as the request of
the petitioner is against the service rules of the LIC for giving
the compassionate appointment, this writ petition is liable to be
dismissed.
11. Accordingly, this writ petition is dismissed. There
shall be no order as to costs.
12. Miscellaneous petitions, if any, pending in this
writ petition, shall stand closed.
____________________________
JUSTICE T.MADHAVI DEVI
Date: 11.06.2024
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