IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 93 of 2026 In R/SPECIAL CIVIL APPLICATION/6186/2014 =====================================================

MAHESH HARIKRISHNA VYAS Versus LIFE INSURANCE CORPORATION OF INDIA & ORS.

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Appearance:

MR. GAURAV GOGIA, ADVOCATE FOR MR ANAND B GOGIA(5849) for the Appellant(s) No. 1 MR RB GOGIA(5850) for the Appellant(s) No. 1 MR YOGI K GADHIA(5913) for the Respondent(s) No. 1 =====================================================

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 10/03/2026 JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

1.On 10.11.2008, the petitioner was appointed an Apprentice Development Officer.

2.On 11.02.2009, the petitioner was appointed as a Probationary Development Officer.

3.On 15.12.2010, the appointment of the petitioner was confirmed. The order of confirmation reads as follows.

“With reference to our letter-dated 11-02-2009 issued to you appointing you as a Development Officer on Probation, we have pleasure in confirming you in your appointment with effect from 11.02.2010. We are glad to release your Normal Grade Increment due

01.03.2010 as below:

Basic (Rs.) 7890.00 DA (Rs.) 5283.14 HRA (Rs.) 552.30 CA (Rs.) 1100.00 CCA (Rs.) 0.00 Total (Rs.)14825.44 Please note that your work will again be reviewed at the end of 12 months from the date of your confirmation and your future increment date will be

01.03.2011.

The conditions mentioned in the Probationary letter of appointment relating to whole time employment, headquarters, area of operation, transfer, tours, advance deposits etc., will continue to hold good.

You will be governed by the Life Insurance Corporation of India (Staff) Regulations, 1960 now in force and as may be amended from time to time and as per the provisions of Life Insurance Corporation of India Development Officer (Revision of Certain Terms & Conditions of Service) Rules, 1989 as amended from time to time.”

4.On 21.06.2011, the petitioner was issued a show cause notice stating that he had not met the performance benchmarks and therefore, he was required to give a representation regarding his omissions for not meeting the performance benchmarks.

5.It is not in dispute that the petitioner did not give any reply to this show cause notice. It may also be pertinent to state here that this show cause notice was given in exercise of powers conferred on the Senior Divisional Manager under the LIC Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009.

6.Notwithstanding the fact that the petitioner did not give a reply, a second show cause notice was issued to him on 23.03.2012, which was also issued under the aforementioned Rules of the year 2009. The petitioner did not give any reply to this show cause notice also.

7.Notwithstanding the fact that the petitioner did not respond to the two show cause notices, a third show cause notice dated 17.05.2012 was issued to him. This notice was also issued under the Rules of the year 2009. In response to this show cause notice, the petitioner gave a reply in the following terms:

“(1) My last apprices ended 29/02/12 during this Appries I had a Phisical problem. I had a fracture in my left leg while travelling with Agent for New business so that reason I can't able to even walk properly for 45 days (L.I.C. record I was on medical leave 23/06/12 to 4/08/12).

(2) In fainacial year 2010-2011 of Keshod branch was also nos able to active any kind of trarget that set by L.I.C. so you understand that how dangerous situation that time we have.

(3) L.I.C. Chairman also accepted that financial year 2011-2012 was worst in LIC history (on his interview on C.N.B.C. (HENEEPL) he said that we working with our staff but we are not able to achieve any target.

(4) Most important thing that hurt my performance bedly was our branch Manager PRADIP JOSHIPURA not allowed to interview of New Agent.

I wa