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IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 474 of 2022

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Nitesh Kumar Singh son of Ram Naresh Singh, resident of Edalhatu

Devi Mandap Road, Near Nirmali Convent School, Sivpuram Road

No.2, Morabadi, Post Ranchi University, PS Bariyatu, Dist. Ranchi.

…

Petitioner

-versus-

1. Life Insurance Corporation of India through its Chairman, having

its Office at 1^st Floor, JB Nagar Shopping Centre, Borivali, PO PS

Borivali, Mumbai, Maharashtra.

2. Senior Divisional Manager, LIC of India Divisional Office

Jamshedpur having Office at Jeevan Prakash Building, Main Road,

Bistupur, PO PS Bistupur, Jamshedpur, District East Singhbhum.

3. Senior Branch Manager, LIC of India, Daltonganj Branch,

Daltonganj.

…

Respondents

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CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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For the Petitioner :

Mr. Manindra Kumar Sinha, Advocate

For the Respondents : Mr. Sachin Kumar, Advocate

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O R D E R

RESERVED ON 03.11.2022

PRONOUNCED ON 6.12.2022

8/ 6.12.2022

Petitioner, in this writ petition, prays for quashing letter vide

Reference No.JDO/Sales/PDO/rk dated 02.08.2021, whereby the petitioner

has been terminated from the service of LIC of India with effect from

01.08.2021. He has further prayed to reinstate him in service of the LIC of

India on the post of Development Officer with all consequential benefits.

2.

Petitioner had joined Life Insurance Corporation of India initially as

Apprentice Development Officer and on completing the requisite training of two

months, he was appointed as Probationary Development Officer with effect

from 01.02.2020. As the petitioner could not achieve the business target

assigned to him, his services were terminated vide letter Ref. No.

JDO/Sales/PDO/rk dated 02.08.2021 by referring to para 10 of appointment

letter.

3.

It is the case of the petitioner that immediately after he joined Life

Insurance Corporation of India as Probationary Development Officer, Covid-19

pandemic had hit the entire world including India and the Government of India

had announced Lockdown in the entire country and even the petitioner also

became a victim of said pandemic and suffered from Covid and also remained

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admitted in the Covid Ward, Central Hospital, CCL, Gandhinagar, Ranchi from

31.12.2020 till 14.01.2021. Even after his recovery he was suffering from post

covid symptoms. These situations failed him to achieve his business target

though even in such situation he was trying hard to achieve the minimum

business. It is his case that with his efforts he had also given some business to

Life Insurance Corporation of India and had also recruited 12 agents. It is the

case of the petitioner that he had also informed the respondent Life Insurance

Corporation of India about his suffering from Covid 19 and his inability to

achieve the business target due to Covid 19 Pandemic. It is his case that

despite such situation, the respondent Life Insurance Corporation of India vide

letter Ref. No. JDO/Sales/PDO/rk dated 02.08.2021 by referring to para 10 of

appointment letter has terminated the petitioner.

4.

Respondents have filed a counter affidavit in this case. It is their

case that petitioner was granted first extension from 01.02.2021 to 30.04.2021

and his performance for the said period was reviewed. As against SFYPI of 23

lakh, petitioner could achieve only 1.77 lakh and as against number of policies

of 300, the petitioner could secure only 35 policies. The cost ratio of the

petitioner was 292.21% as against the target of 22%. Again on the request of

the petitioner, second extension was granted to him for the period 01.05.2021

to 31.07.2021 wherein he was given revised target of 375 policies and 19

agents for the entire probation period, i.e. for the period from the first day of

probation to the date of confirmation. Petitioner was also asked to achieve the

prescribed cost ratio. Respondents contend that performan