LIFE INSURANCE COMPANY OF INDIA Vs. S.JAYA

JUDGEMENT

(1.) This writ appeal is arising out of order dated 30.10.2019 passed in W.P.No.27961 of 2018 by the learned Single Judge directing the Life Insurance Corporation of India (LIC) to consider the case of respondent No.1/employee for grant of compassionate appointment.

(2.) The undisputed facts of the case reveal that the husband of respondent No.1 was a temporary employee serving LIC. He was appointed in 1994 as sub-staff. His services were continued from time to time. It is also relevant to mention that a writ petition i.e., W.P.No.12580 of 1995 was preferred before this Court claiming regularization along with other employees and this Court vide WPMP.No.15331 of 1995 has granted an interim order not to discontinue the petitioners therein on 23.06.1995. The said writ petition was later on dismissed for default on 14.11.2006. The undisputed facts of the case also reveal that the husband of respondent No.1 met with an accident on 12.02.2006 and as per the averments made in the writ petition, a representation was preferred on 17.05.2006 to the LIC for grant of compassionate appointment. Another representation was also preferred on 18.05.2017 and as the representations were not considered the writ petition was preferred. The learned Single Judge has allowed the writ petition directing the appellants before this Court to consider the representation dated 17.05.2006 and 18.05.2017 in accordance with the scheme for grant of compassionate appointment by treating the deceased husband as a regular employee of LIC.

(3.) Learned counsel appearing for the appellants has argued before this Court that the employee in question was a temporary employee and he was not an employee within the meaning of regulations governing the field i.e., Life Insurance Corporation of India (Staff) Regulations, 1960 and the scheme for grant of compassionate appointment cannot be made applicable to temporary employees/insurance agents/workcharged employees.