IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8^TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945 WP(C) NO. 24350 OF 2016 PETITIONER: SARADENDU.G EDATHUMPADICKAL, THEKKEVILA P.O., KOLLAM 691 016.

BY ADVS.

SRI.K.JANARDHANA SHENOY V.K.PRASAD R.ROHITH V.N.RAJAPPAN RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI 110 001.

2 THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS CHAIRMAN YOGAKSHEMA BUILDING, JEEVAN BIMA MARG, MUMBAI - 400 021.

3 ZONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA, SOUTHERN ZONE, LIC ZONAL OFFICE, LIC BUILDING, ANNASALAI, CHENNAI 600 002.

4 THE SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, PATTOM, THIRUVANANTHAPURAM.

5 BRANCH MANAGER LIFE INSURANCE CORPORATION OF INDIA CITY BRANCH OFFICE - 1, THIRUVANANTHAPURAM.

BY ADVS.

SHRI.M.L.SURESH KUMAR, CGC SRI.T.V.AJAYAKUMAR RIMJU P.H.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.08.2023, THE COURT ON 08.09.2023 DELIVERED THE FOLLOWING:

JUDGMENT

1. Petitioner has approached this Court with the following prayers:

i) To call for the records leading to Exhibits P5 and P7 and quash the same by issuing a writ in the nature of certiorari;

ii) To declare that the termination of the petitioner effected vide Ext. P7 is unjust, illegal and arbitrary;

iii) To issue a writ in the nature of mandamus directing the respondents to reinstate the petitioner in service w.e.f. 28-05- 2016.

iv) To declare remit Rs. 25,000/- being liquidated damages is unjust, illegal and arbitrary.

v) To issue a writ in the nature of mandamus directing to pay the salary due to the petitioner for the month of May 2016 vi) To issue a writ in the nature of mandamus directing the respondents to recalculate her stipend for the period of apprenticeship and salary for the period from

1-12-2013 in accordance with the corresponding revised scales as per the wage revision implemented in January, 2016 with retrospective effect from 01-08-

2012 and pay the arrears due to the petitioner:

vii) Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this writ petition”

2. Vide order dated 27.05.2013 Ext.P1, petitioner was appointed as Apprentice Development Officer, Life Corporation of India in the City Branch, Thiruvananthapuram with effect from 01.06.2013. On completion of training as ADO, was appointed as Probationary Development Officer (hereinafter called ‘PDO’) on 01.12.2013 vide Ext.P2 with terms and conditions. As per Clause 2 of appointment letter, it was stipulated that the petitioner would be on probation initially for a period of twelve (12) months from the date of joining duty as probationer, but the Corporation, in its sole discretion, extended probation provisionally, provided that the total probation period including extended probation period “shall not” exceed twenty four (24) months counted from the commencement of the probationary appointment. It was further made clear that during the period of probation or extended probationary period, shall liable to be discharged from the services of Corporation without any notice or cause. The initial period of probation of twelve months (12) months was completed on 30.11.2014 but the probation was extended for another period of six (6) months vide letter dated 01.12.2014 Ext.P3. When the period of six (6) months expired on 31.05.2015, probation period was again extended vide letter dated 01.06.2015 Ext.P4 ie., total period of probation was twenty four (24) months. Petitioner received a communication from the Senior Divisional Manager that she would be considered for confirmation on the basis of performance during the probation period from 01.12.2014 to 30.11.2015 as per letter dated 02.11.2015 Ext.P5, making it clear that until the final decision was received, would be considered to be on proba