Prashant Kumar, J.

In this writ application petitioners prayed for issuance of an appropriate writ for quashing Annexure-3 series, whereby respondents intimated to the petitioners that panel prepared in pursuance of employment notice dated 14.3.2005 for appointment in class IV cadre of Hazaribagh Division has been scrapped and the said panel cease to exists. Petitioner further prayed that their cases of appointment in class-IV post be considered as still 130 posts are vacant.

2.It is stated that in the year 1995, respondents Life Insurance Corporation of India Ltd.(herein after referred as Corporation ) invited application through employment exchange for preparation of a panel for appointment on the posts of Class-IV cadre in its Hazaribagh Division . It is stated that in pursuance of aforesaid request names of petitioners and others sent to the Corporation by the Employment Exchange. Accordingly, a panel prepared on 09.11.1999 ( Annexure-1). It is stated that aforesaid panel prepared in pursuance of Recruitment( class III and class IV Staff) Instructions, 1993. It is stated that as per Clause V of the aforesaid instructions panel will remain valid till absorption of all candidates in regular service. In other words, no time prescribed for validity of said panel,thus, it will remain alive till exhausted. It is stated that inspite of aforesaid provision, respondent no.2 by issuance of Annexure-3 series had scrapped the panel and debarred petitioners from being appointed on the posts of class IV cadre.

3.A counter affidavit field on behalf of respondent nos.1 and 2, wherein it is stated that some candidates, who were in the panel of Bhagalpur Division of the Corporation, had filed writ application in Patna High Court praying for issuance of direction to appoint them against the vacancy. In those writ application, Patna High Court directed Central Office of the Corporation to take final decision for filling up of subsequent vacancy, if any, from the panel prepared in the year 1996. It is stated that in pursuance to aforesaid direction of Hon'ble Patna High Court , the Managing Director of the Corporation took legal advise. It is further stated that in pursuance of aforesaid legal advise, the competent authority i.e. Board of the Corporation, in its meeting held on 04.12.2006 amended Clause 5 and 15 of the Recruitment Instructions 1993. It is stated that according to amended Clause 5 and 15 of the Recruitment Instructions, maximum life of a panel is two years or till next recruitment notice issued which ever is earlier. It is stated that in the instant case panel was prepared in the year 1999, therefore, it become more than two years old ,thus, respondent no.2 on the direction of competent authority scrapped the said panel by issuance of Annexure-3 series.

4.It is submitted by Sri Saurav Arun, learned counsel for the petitioner that amendment which have been brought into effect under Clause 5 and 15 of the Recruitment Instructions of 1993 would have no bearing on the panel prepared in the year 1999 because panel was prepared under old Instructions, therefore, it will governed by Instructions prevailing at the time of preparation of panel. It is submitted that an amendment in an statute is generally prospective in operation, unless it is expressly or by necessary implication made retrospective in operation. It is submitted that under Clause 5 and 15 of the amended Recruitment Instructions, there is nothing to show that it will apply retrospectively. It is submitted that said amendment will not apply in the present case as in this case panel was prepared in the year 1999. Accordingly, it is submitted that impugned order Annexure-3 series cannot be sustained and petitioners are entitled for absorption against future vacancy as per old instructions.

5.On the other hand, Mr. Sachin Kumar, learned counsel for respondent no. 1 and 2, submitted that if a rule contemplates that unless