Calcutta High Court
Rajesh Mukherjee vs Life Insurance Corporation Of India & ... on 3 February, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
A-83
February 03, 2015
m.d.
W.P. No. 3405 (W) of 2014
Rajesh Mukherjee
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No. 3406 (W) of 2014
Durjadhan Mondal
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3409 (W) of 2014
Biswajit Ghosal
Vs.
Life Insurance Corporation of India & Ors.
With
W.P.No.3411 (W) of 2014
Monoranjan Ghosal
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3413 (W) of 2014
Nilkanta Maji
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3418 (W) of 2014
Nityananda Mahanta
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3421 (W) of 2014
Jhantu Chatterjee
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3423 (W) of 2014
Malay Mondal
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3426 (W) of 2014
Sisir Kumar Mudi
2
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3430 (W) of 2014
Kalipada Mondal
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3433 (W) of 2014
Uttam Kumar De
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3435 (W) of 2014
Sibdas Mudi
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3438 (W) of 2014
Shyamal Kundu
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.3441 (W) of 2014
Sukanta Das
Vs.
Life Insurance Corporation of India & Ors.
With
W.P. No.6176 (W) of 2014
Mahindri Mahato
Vs.
Life Insurance Corporation of India & Ors.
With
C.A.N. 319 of 2015
Re: C.A.N. 319 of 2015
Life Insurance Corporation of India & Ors.
... Applicants
Mr. Bratindra Mullick
Ms. Shagufta Ghazala
.. for the petitioners
Mr. Smarajit Roy Chowdhury
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.. for LIC
By consent of parties, C.A.N. 319 of 2015 is treated
as on the day's list.
The grievance of the petitioners is that an
examination for recruitment of peons by the Life Insurance
Corporation of India has not been concluded despite an
order of the Supreme Court of January 18, 2011 that the
exercise had to be completed within six months of the date
of the order.
An application has been filed by LIC, being C.A.N.
319 of 2015, where the LIC has indicated the difficulties
faced by it and its helplessness in the wake of the
disruptive activities of some agitationists and the perceived
support received by them from apparently responsible
functionaries.
It appears that several persons claiming to be entitled
to be directly absorbed as peons or in similar positions in
LIC instituted writ petitions all over the country which,
ultimately, culminated in the order of January 18, 2011
being passed. The Supreme Court noticed a scheme that
had been formulated by LIC for holding examinations to
recruit peons from among the persons claiming to be
absorbed in LIC, subject to the qualifications and other
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criteria as indicated in the scheme. The relevant order of
the Supreme Court of January 18, 2011 recorded that the
scheme for absorption was acceptable to the respondents.
The respondents were the persons claiming to be absorbed in LIC.
The order of January 18, 2011 required that the process of absorption through examination in terms of the policy should be completed within six months from the date of the order. A subsequent extension by three months was granted by the Supreme Court on July 22, 2011 and, by a further order of January 09, 2012, the Supreme Court directed the exercise in terms of the order dated January 18, 2011 to be completed "as expeditiously as practicable."
The problem persisted primarily in the State for the examinations to be held in the Burdwan and Asansol divisions of LIC. Since LIC represented in Court in course of the present proceedings that several attempts at conducting the examinations had failed because of some agitationists, an order was passed on March 03, 2014 on the present petitions, requiring a responsible officer of LIC to indicate the next proposed date for the examinations so 5 that appropriate directions could be issued to the police authorities to ensure their proper conduct.
By an order of September 12, 2014, the Court recorded the venues - one in Burdwan and another in Asansol. The examination was proposed to be held on November 16, 2014 for two hours from 11 am at a school in Burdwan for the Burdwan division and at Banwarilal Bhalotia College in Asansol for the Asansol division. Directions were issued for appropriate police bundobust.
LIC reports that the examination has been duly conducted in the Burdwan division without any disruption. The results for the Burdwan division should immediately be announced since the process of assessment has been completed.
As far as the examination scheduled in Asansol is concerned, LIC refers to a writing prepared at 8 am on November 16, 2014 and made over to its representatives by the relevant college, which is a constituent college of the University of Burdwan and is sponsored by the government. The teacher-in-charge of the college informed LIC on the morning of November 16, 2014 that in view of the "Governing Body decision dated 15.11.2014, we are unable to conduct the same examination in our college 6 premises, anticipating unforeseen situation." The college had earlier accepted the advance and confirmed the venue.
Since such letter was issued barely hours before the scheduled conduct of the examination, the exercise could not be completed for the Asansol division. LIC has referred to the acts and conduct of the agitationists and the persons from whom they allegedly draw inspiration in the application.
It appears that persons who are not eligible to participate in the recruitment process applied by way of W.P. No.686 (W) of 2011 before this Court and such writ petition was dismissed by an order of July 14, 2011 in view of the Supreme Court order of January 18, 2011 by which the entire matter had been comprehensively dealt with. A special leave petition from the order dated July 14, 2011 has failed. A second writ petition on the same grounds was withdrawn on June 19, 2014, with liberty to apply for review of the order dated July 14, 2011. The petition for reviewing the order dated July 14, 2011 has been dismissed on November 07, 2014.
The insinuation of LIC as to why the examination was not allowed to be held at the Government-aided Banwarilal Bhalotia College in Asansol is plain to see but too 7 demeaning to repeat in the constitutional scheme of functioning that is governed by the rule of law.
It is necessary that the Army authorities be requested to make available any venue in South Bengal, in and around Burdwan or even Kolkata, for the examination to be held for about 100-odd candidates thereat at a date and time that can be fixed upon consultation between the representatives of LIC and the Army.
It is made clear that adequate police support will be provided at the time that the examination is conducted by orders of Court; but the venue should be an Army venue so that the specious pretext on which Banwarilal Bhalotia College declined to offer its premises on November 16, 2014 cannot be repeated and the order of the Supreme Court can be finally obeyed.
C.A.N. 319 of 2014 is disposed of by requiring LIC to report as to the venue and date of the proposed examination when the petitions appear next three weeks hence.
LIC will be entitled to publish the results of the examination in respect of the Burdwan division and give effect to the same.
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In view of the prayer that an appropriate order should be passed for the proper functioning of the LIC offices in Asansol division, the Superintendent of Police, Burdwan and the officers-in-charge of the police stations under which such offices are situated are directed to ensure that normal functioning is made possible at the four LIC offices in the Asansol division irrespective of any political or union agitation that may be attempted thereat. The Superintendent of Police, Burdwan and the officers-in- charge of the relevant police stations will remain personally liable to carry out the directions under this order in respect of the functioning of the Asansol offices of LIC so that there is no intimidation to the employees, clients and other visitors.
There will be no order as to costs.
Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) 9