T N RANGACHAR ADMINISTRATIVE OFFICER LIC OF INDIA BRANCH OFFICE KHAMMAM Vs. L I C OF INDIA CENTRAL OFFICE BOMBAY

JUDGEMENT

(1.) The Life Insurance Corporation of India was established on 1-9-1956 under the provisions of the Life Insurance Corporation Act 1956 (Act 31/56) (hereinafter referred to as the Act. The Corporation in e-ercise of the powers vested in it under clauses (b) and (bb) of sub-section (2) of sec. 49 of the Act and with the previous approval of the Central Government made regulation called "Life Insurance Corporation of India (Staff) Regulations, 1960" governing the conditions of service of the employees of the Corporation. By Regulation 5 the staff of the Corporation are classified into 4 classes: (1) Class I----------------Officers (2) Class II-----------------(Development) Officers (3) Class III-----------Supervisory and Clerical (4) Class IV--------------Subordinate Staff. The three petitioners are now working as Class I Officers in the service of the Life Insurance Corporation. They joined the service of the L.I.C. after 1-9-56. The following are their service particulars; <FRM>MAH.B111005_785.htm</FRM> On 1-7-87 petitioners 1 and 3 were promoted as Administrative officers, a second stage promotion in Class-I posts. Class II posts are occupied by Development Officers and that branch is treated separately for purpose of promotions to Class I Posts. The Regulations provide for promotion of Class II and Class III Officers to Class I posts.

(2.) When the Corporation was established the employees of the erstwhile insurers were transferred to the Corporation and the Regulations subsequently made by the Corporation maintain the difference between the employees appointed on or after 1-9-56 by the Corporation and the former category commonly called " the transferred employees." The Regulations made in 1956 which were superseded later by 1960 Regulations maintained the distinction between the two categories of employees in the matter of the age of superrnnuation-the age of superannuation of transferred employees was 60 years and discretion was conferred on the authority to e-tend the age upto 65 years, but in the case of other employees the retirement age was fi-ed at 55 years with discretion to e-tend up to 60 years. Regulation 19 of the 1960 Regulations which deals with the superannuation reads as follows: SUPERANNUATION AND RETIREMENT

(3.) The question that falls for consideration in this writ petition is : what is the age of superannuation in respect of Class I Officers of the LIC promoted from Class III after 19-6-65.