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2002 Supreme(AP) 1465

Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
T.Srinivasulu - Appellant
Versus
Senior Divisional manager, LIC of India, Divisional Office, hyderabad - Respondent
Decided On : 12-20-02

Headnote:

Service Matter - Seeking regularsiation of service- Corporation has initiated steps for recruitment to post of Sub-Staff (Peons) in Andhra Pradesh Division in year 1991 - Notification inviting applications and stipulating conditions etc was issued - Recruitment process comprised of holding of written test and conducting interviews - written test was conducted to applicants who responded to Notification - However even before interviews could be held said Notification was withdrawn - To meet exigencies of service several persons were appointed on temporary basis – Held, Writ petitions are accordingly disposed of with following directions (a) Corporation shall declare results of candidates who have been interviewed in recruitment process (b) vacancies representing number of eligible temporary employees shall be kept apart and remaining vacancies shall be filled by unsuccessful fresh applicants So far as vacancies earmarked for temporary employees are concerned such of those temporary employees who are successful in written test and interview shall be considered for appointment against such vacancies and (d) As regards balance of vacancies earmarked for temporary employees - Writ petitions disposed

L. NARASIMHA REDDY, J.

( 1 ) THIS batch of writ petitions relates to recruitment to the posts of Sub-Staff in Life Insurance corporation (for short the Corporation ). Hence, they are disposed of through a common judgment.

( 2 ) THE Corporation has initiated steps for recruitment to the post of Sub-Staff (Peons) in the A. P. Division in the year 1991. Notification, inviting applications and stipulating the conditions, etc. , was issued. The recruitment process comprised of holding of written test and conducting interviews. The written test was conducted to the applicants who responded to the Notification. However, even before the interviews could be held, the said Notification was withdrawn. To meet the exigencies of service, several persons were appointed on temporary basis.

( 3 ) ON 17-7-1996, the Corporation issued a Notification, proposing to conduct recruitment to the said posts. 400 vacancies were notified and about 40,000 candidates responded to the same. Written test was conducted on 29-12-1996 and interviews were held during May and June, 1998 for the eligible candidates. At that stage, writ petitions came to be filed by the Sub-Staff appointed on temporary basis, seeking regularsiation of their services. On account of this and other allied reasons, further steps in the recruitment process pursuant to the Notification dated 17-7-1996 could not be taken.

( 4 ) W. P. No. 429/97 was filed by some of the temporary employees seeking regularization of their services as Sub-Staff. The same was dismissed by this Court on 29-12-1997. As many as 99 of such temporary employees filed W. P. No. 23458/ 98 for the relief of regularization of their services. That writ petition was also dismissed on 3-11-1998. They preferred w. A. No. 1091 of 1999. A Division Bench of this Court disposed of the said writ appeal directing the Corporation to frame a Scheme for regularization of the services of the temporary employees. The Corporation took the matter to the Hon ble Supreme Court by filing Civil Appeal No. 2104 of 2000. At this juncture, it needs to be observed that a similar question arose in Tamilnadu Division and the matter came before the Hon ble supreme Court in Prabhavati v. LIC of india, 1993 (4) SCT 343 (SC ). Through its order dated 20-3-1992, the Hon ble Supreme court framed the following Scheme and directed the Corporation to follow the same in the matter of regularization of such employees:"scheme:- (A) All those temporary employees who have worked for 85 days in any two consecutive calendar years with the Life insurance Corporation between 20th May, 1958 up till date and who conformed to the required eligibility criteria for regular recruitment on the dates of their initial temporary appointment will be permitted to* compete for the next regular recruitment to be made by the Life insurance Corporation after the regular recruitment for these posts currently schedule for November, 1992; (b) These candidates will be considered on their merits with all other candidates who may apply for such appointments, including those from the open market. (c) These candidates will be given an age relaxation for applying for regular recruitment provided that they were eligible on the date of their first temporary appointment for securing regular appointment with the Life insurance Corporation. (d) If these candidates are otherwise eligible, they can apply for regular recruitment in the normal course. "in Civil Appeal No. 2104/2000, the Hon ble supreme Court took note of the Scheme framed by it in Prabhavathi s case (hereinafter referred to as the Scheme ) and, through order dated 20-1-2002, held that the direction given by this Court in WA no. 1091/99 was incompatible. A further direction was issued to implement that scheme in the Andhra Pradesh Division also.

( 5 ) W. P. Nos. 24249 of 1999, 1615, 3293, 4108, 12261 of 2002 are filed by some of the fresh applicants, who responded to the notification dated 17-7-1996. They claimed the relief in
















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