A SESHAGIRI Vs. LIFE INSURANCE COMPANY OF INDIA

JUDGEMENT

(1.) This writ petition is filed for issuance of a writ of mandamus directing the respondent to consider the case of the petitioner for appointment in any suitable post on compassionate grounds in the respondent Organisation as per the policy decision.

(2.) The petitioner is the son of A. V. Krishna Murthy (the deceased). The deceased late Krishnamurthy joined in service in Life Insurance Corporation of India (LIC) in the year 1958. While he was working in LIC, he died on 8/05/1989 due to prolonged illness leaving behind him his widow, three sons, and three daughters. Out of three daughters, only one daughter was married. The petitioner and his elder (second) brother are unemployed. After the death of the deceased, the mother of the petitioner filed a representation on 10/07/1989 to the respondent to consider the case of the petitioner for appointment on compassionate grounds. But the respondent rejected the request on the ground that the petitioner's eldest brother. A. Baburao was employed in the LIC. The said Baburao joined in service in LIC on 6/02/1984 prior to the death of the deceased. His services were regularised in the year 1989. It is further stated that the said Baburao abandoned the family and is living separately and is not helping the petitioner's family. He severed all the connections with father's family. The petitioner's another brother was securing employment on casual basis. Hence this writ petition is filed with the above prayer.

(3.) In the counter-affidavit filed by the respondent it is stated that the recruitment to posts of Class III and IV Staff in TIC is governed by LIC Recruitment (Class III and Class IV Staff) Regulations, 1979 issued under the relevant provisions of LIC Act (hereinafter referred to as Regulations). The said procedure is followed whenever appointments are made. The said Regulations provide relaxation in certain contingencies. The relevant Regulation is 22 which reads thus :