ANURAG AWASTHI Vs. EXECUTIVE DIRECTOR

JUDGEMENT

(1.) Heard Shri R.K. Ojha, learned Senior Advocate assisted by Shri Arun Kumar Tiwari for the petitioner and Shri Manish Goyal, learned counsel for the respondents.

(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 13.2.2013 passed by the Executive Director (Personnel), Life Insurance Corporation of India (hereinafter in short called as Corporation). He has further prayed for direction in the nature of mandamus commanding the respondents to appoint him on compassionate ground under Dying in Harness Rules applicable to the Corporation.

(3.) The facts necessary for adjudication of the present writ petition are that late Pooran Chandra Awasthi-the father of the petitioner was working as Administrative Officer (S.R. No.209395) at E.D.M.S. Department of the Corporation. He died in harness on 10.7.2011 leaving behind Smt. Nirmala Awasthi-the widow, one son namely Anurag Awasthi (the petitioner) and two daughters namely Amita Dubey and Archana Pandey, who are married and are residing with their family in U.S.A. The mother of the petitioner moved an application on 23.9.2011 before the Senior Divisional Manager of the Corporation for providing compassionate appointment to her son on the ground that the family has no source of income. The date of birth of the petitioner is 24.08.1979. He passed High School examination with 1st Division in the year 1994; Intermediate examination with 2nd Division in the year 1996 and Bachelor of Science with 2nd Division in the year 1999. He also passed M.B.A in the year 2008 from Lucknow University. In pursuance to the queries made by the Corporation dated 29.9.2011, the mother of the petitioner provided all necessary details to the Corporation on 7.10.2011. Finally the Manager of the Corporation vide letter dated 16.7.2012 had informed that the Competent Authority had refused to provide any relaxation in age for appointment on compassionate ground. The petitioner challenged the communication order dated 16.7.2012 by means of Writ Petition No.62576 of 2012 (Anurag Awasthi vs. the Chairman, L.I.C., Mumbai and others). This Court vide order dated 16.1.2013 had disposed of the said writ petition in term of the order passed in Writ Petition No.72733 of 2010 (Dinesh Kumar Gautam vs. Chairman, Life Insurance Corporation of India and others) decided on the said date. The order dated 16.1.2013 passed in Writ Petition No.62576 of 2012 is reproduced herein below:-