IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 29.04.2024 Pronounced on : 23.05.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18088 of 2022 VSS Krishna ... Petitioner Vs.

1.The Senior Divisional Manager, The Salem Divisional Office, LIC of India, “Jeevan Prakash”, Johnsonpet, Salem 636 007

2.The Zonal Manager, The Southern Zonal Office, LIC of India, “LIC Building”, 153, Anna Salai, PB No.2450, Chennai 600 002(TN) ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus by quashing the impugned reply letter dated 08.03.2022 of the first respondent (LIC of India Salem Divisional office) and to direct the respondent to settle the “First Year Commission, Renewal Commission(as on date) with proper bank interest as on date and to credit the future renewal commission to the petitioner's bank account directly for the “4626 policies which is completed in the petitioner's own license No.0809051518 valid period (27.04.2012 to 26.04.2015) and to issue the customers policies due list /

details of the policies.

For Petitioner : Mr.V.S.S.Krishna(petitioner in person)

For Respondents : Mr.Manoj Sreevalsan

ORDER

This writ petition has been filed challenging the order dated

08.03.2022 passed by the first respondent thereby rejected the claim made by the petitioner for first year commission and renewal commission with interest.

2. The petitioner was a Financial Services Executive, (hereinafter called as FSE) Contractual Employee with the respondents. He had joined on 09.05.2012 and thereafter, he was terminated on 25.01.2018. During his training period, he was directed to acquire IRDAI (Insurance Regulatory and Development Authority of India)licence. He had paid a sum of Rs.250/- as licence fee for the licence No.0809051518. After his termination, the petitioner obtained information under the Right to Information Act and it revealed that the petitioner's licence was issued to sell respondent's insurance product as per their terms and conditions and it was valid for three years from 27.04.2012 to 26.04.2015. During that period, 4626 policies were completed under the licence. Further, the petitioner was informed that 2295 policies were completed under his FSE code (0015070). Therefore, the petitioner requested the respondents to pay commission for the said 4626 policies. However, the claim of the petitioner was not considered and as such he had filed writ petition before this Court in WP.No.27207 of 2021. This Court directed the respondents to consider the claim of the petitioner and dispose of the same in accordance with law by an order dated 22.12.2021. However, the request made by the petitioner was rejected by the order impugned in this writ petition dated 08.03.2022 stating that information was already furnished under the Right to Information Act for the period from

09.05.2012 to 25.01.2018.

3. Heard, the petitioner and the learned counsel appearing for the respondents.

4. On perusal of the counter filed by the respondents and on hearing the submissions made by the learned counsel appearing on either side, revealed that Life Insurance Corporation of India is a Statutory Corporation constituted under the Life Insurance Corporation Act, 1956. It has rules for appointment to permanent posts for all cadres and instructions for engagement of temporary staff in Class III and Class IV cadres. The permanent employees are governed by the LIC of India (Staff) Regulations, 1960. The temporary employees are governed by the LIC of India (Employment of Temporary Staff) Instructions, 1993. As far as the petitioner is concerned, he is not covered under any of these Regulations / Instructions.

5. The Financial Service Executive Scheme, 2007 was formulated for the purpose of appointment of Financial Service Executives on contractual basis initially for a period of three years. It will be extended from time to time. The said scheme was closed on 24.01.2018. As pe