BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2021 CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.10465 of 2013 and M.P.(MD) No.2 of 2013 A.Ashraf Ali ... Petitioner vs.

1.The Senior Divisional Manager, Life Insurance Corporation of India, Jeevan Prakash Bridge station road, Sellur, Madurai – 02.

2.The Manager, (P & IR)

Divisional Office, Life Insurance Corporation of India, Jeevan Prakash Bridge station road, Sellur, Madurai – 02.

3.The Senior Branch Manager, Life Insurance Corporation of India, Uthamapalayam Branch Office, Uthamapalayam, Theni District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings on the file of the first respondent bearing Ref: Sales/Appraisals/SP dated 26.03.2013 and the consequential impugned proceedings bearing Ref: Sales/Appraisals/SP dated 12.04.2013 passed by the first respondent and quash the same and consequently to direct the first respondent to re-pay the recovered amount from the salary of the petitioner in pursuant to the impugned orders.

For Petitioner : Mr.M.Gnanagurunathan For Respondents : Mr.S.Karthik for M/s,Profexs Associates *****

O R D E R

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned orders passed by the first respondent, dated 26.03.2013 and 12.04.2013 and to direct the first respondent to re-pay the recovered amount from the salary of the petitioner pursuant to the impugned orders.

2.Heard Mr.M.Gnanagurunathan, learned Counsel for the petitioner and Mr.S.Karthick, learned Counsel for the respondents.

3.Brief facts, that are necessary for the purpose of disposal of this Writ Petition, are as follows:

3.1.The petitioner was working as Development Officer in the third respondent branch of Life Insurance Corporation of India. It is not in dispute that the petitioner was appointed as Development Officer in the year 1987 and completed 25 years of service as Development Officer in the respondent Corporation.

3.2.When the petitioner was working at Tirunelveli division, he was transferred to the third respondent branch at his request. It is admitted that the petitioner is governed by Life Insurance Corporation of India Development Officers (Revision of certain terms and conditions of Service) Rules, 1989 (hereinafter referred to as “1989 rules”) and subsequent Rules, which came into force with effect from November 2009 (hereinafter referred as “2009 rules”).

3.3.The duties and obligations of Development Officer are even listed in the order of appointment under the caption “Duties and Obligations”. It is the duty of the Development Officer to increase the production of life insurance business in a planned way in the area that is allotted to the Development Officer through agents. It is stated that the duty and obligation of the Development Officer is to bring in from insurable person, new proposals along with a deposit equal to the amount needed for issuing respective policies through the agency force placed under his supervision for the Corporation, so that the Corporation may underwrite the proposals thus brought in and convert them into policies and simultaneously the deposits into first premium.

3.4.It is also admitted that the annual remuneration including the pay and allowances that form part of the salary and other allowances and perks paid to the Development Officer in any year shall be at a prescribed ratio, called as expense ratio, expressed as a percentage of the eligible premium thus collected in that year from those proponents brought in by the Development Officer through the agents placed under his supervision by the Corporation. If the expense ratio of the Development Officer is less than the prescribed limit, the Development officer will be awarded with incentive bonus and additional conveyance allowance over and above his salary, perks and the fixed conveyance