UDAY (MAJOR) Vs. L.I.C. OF INDIA

JUDGEMENT

(1.) THE short question raised in this petition by the petitioner is whether in the light of the provision made in the Regulation No. 203 and 204 of the Regulations for the Territorial Army, 1948, the petitioner who is serving under the respondent Life Insurance Corporation of India is entitled to the credit of the leave for the period spent by him from time to time for attending Annual Camp in the Territorial Army?

(2.) THE petitioner joined the service of the respondent Life Insurance Corporation in the year 1958 and during Chinese aggression the petitioner was selected in the Territorial Army as a Commissioned Officer. The petitioner served the territorial Army from 1965 to 1971. The petitioner submits that Regulation 203 makes provision with regard to absence from duty of Government servants enrolled in Territorial Army and Regulation 204 in regard to service of Government servants to be counted towards increment, half pay, etc. when called out or embodies under S. 7(3) of the Territorial Army Act. According to the petitioner, the period spent by him to render the said service entitles him to the credit of leave in his employment under the respondent which stands denied by the said respondent. The petitioner, therefore, seeks a writ of mandamus or a direction or order against the respondent to treat the period spent by the petitioner in the Territorial Army as a period spent on duty and further that the same be treated as on duty for the purpose of civil leave and pension.

(3.) THE respondent has filed its return in which the respondent has pointed out that although the respondent being a statutory corporation is covered within the expression "State" under Art. 12 of the Constitution of India, employees of the respondent on that count cannot be treated to be Government servants. The stand of the respondent is that Regulation 203 and 204 on which reliance has been placed by the petitioner apply only where a person is a Government servant and will, therefore, have no application in the case of employment of the petitioner under the respondent Life Insurance Corporation; he being not a Government servant by virtue of the same. The Territorial Army Act, 1948 in S. 14 empowers the Central Government to make Rules to carry out the purposes of the said Act. However, the learned counsel for the petitioner has not been able to point out any provision in the said Act enabling the Central Government to frame Regulations. The Regulations for the Territorial Army, 1948 (1976 Edition) in clause (b) indicate that the said Regulations have been issued under the authority of the Central Government and are, therefore, apparently in the nature of executive instructions. Since the cause has been founded on the construction of Regulation 203 and 204, the same are reproduced hereunder for ready references: