APHC010886082017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 34786 OF 2017 Between: 1. D HARI GOPAL RAO, S/o. Laxminarayana, Aged 53 years, r/o G4,B Block,Praja Alkapur Apartment Road No.1,Green Hills colony,Kothapet, Hyderabad.T.S. 2. Akella Surya Ramakrishna, S/o Sriramachandra Murthy, Aged 49 years, R/o D.No.42-20-11,Block No.60, Opp; Water Tank, Ajithsingh Nagar, Vijayawada-520 015. Krishna District. A.P. 3. Pokkunuri Chandra Sekhara Sarma, S/o. Mallikharjunarao, Aged 50 years, r/o D.No.15/290,Machavaram,Machilipatnam-521001 Krishna District. 4. Chavatapalli Trinadh, S/o. Krishna Murthy, aged 52 years, R/o D.No.34-4- 15, Chavatapallivari street, Palakol, West Godavari Dist. A.P. 5. Karumuri Maheedhar, S/o Venkata Satyanarayana, aged 50 years, R/o D.No.43-123-17/1, Block No.123, Opp; Sai Hymavathi Towers, New Ajitsingh Nagar,Vijayawada-520 015, A.P. 6. Gurivisetti Venkata Sivaiah, S/o Govindu, aged 52 years, r/o D.No.2-4-102, 28th Ward, Pinapalavari steet, Repalli-522 265, Guntur District.A.P. 7. Abburi Ravi Babu, S/o Nagaiah, aged 52 years, R/o D.No.40-23-9, Beside RCM Church,Namalavari steet, Pakirgudem, VijayawadaKrishna District. A.P.Pin code; 520 010 8. Kannepalli Venkata Nageswararao, S/o Venkata Jagannadharao, Aged 51 years, r/o D.No.1-5,Mehar Nivas, Undi Thota,Undi, West Godavari District,A.P. Pin 534 199. 9. Vajjiparthi Trinadharao, S/o Ramaswamy,aged 51 years, R/o D.No.27-14- 16,Nehntpet, Srirampuram post, Bhimavararn, West Godavari District, A.P.Pin : 534 202. 2 10. Appanabhotla Himagiriswara, Vekata Subrahmanya Ramanjaneya Varaprasad, D/o. Venkata Rama subrahmanya Ganesh vara Prasad Sarma. Aged 49 years R/o D.No.24/300, Ramanaidupet, Machilipatnam-521001, Krishna District.A.P. 11. Kadimi Srinivasarao, S/o. Nageswararao,aged 50 years, R/o D.No.30-3.- 67, Veeravari street, Palakol,West Godavari District 534 260, A.P. 12. Khaja Rafi Uddin, S/o.Khaja Rafi Uddin Mohammad Abdul Sattar, Aged 52 years, R/o D.No.15-141,Sanathnagar, Kanuru panchayat, Krishna District, 520 007,A.P. 13. Challa Lakshmi Narayana Murthy, S/o Lakshmi Narayana Sastry, Aged 49 years, R/o D.No.37-4-7, Ward No.19,Bhudhavarapu Street, Palakol 534 260, West Godavari District.A.P. 14. Devarapu Venkateswararao, S/o Ramarao, aged 48 years, R/o D.No.2-12, Mucherlavari street, Challalammavari Temple, Penumadam, poduru Mandal, West Godavari District. A.P. 534 267. 15. Annam Narendm kumar, S/o Manikyalarao,aged 49 years, R/o D.No.35-2- 11/1,Pittavari street, Palakol-534 260,West Godavari District,A.P. 16. Allavarapu Sakuntala, D/o Haranath Baba, aged 52 years, clo AVVS Prabhakararao, 8-6-45, Kummaripeta, 1 lthward, Narsapur[post] 534 275,West Godavari District.A.P. 17. Chimakurthi Bhaskararao, S/o. Satyanarayana, aged 53 years, r/o D.No.14-19-86, R.R.Road, Near Axis Bank, Chirala -523155, Prakasam 18. Gattupalli Srinivasarao, S/o. Seetharamaiah, aged 49 years, r/o 404,Siri Enclave, Beside Axis Bank, Srinagar colony, Hyderabad 500 073, T.S. 19. Maddi Venkata Ratnam, S/o Venkateswarlu, Aged 50 years r/o D.No.10-2- L[1], Amudalavari Bazar,Perala post, Chirala Mandal, Prakasam Distr. ct.A.P. ...Petitioners AND 1. Life Insurance Corporation of India, Central Office,Jeevan Bheema Marg, Yogakshema, Nariman Point. Mumbai-400 021, Rep. by its Chairman. 2. Life Insurance Corporation of India, South Central Zonal office, Opp; Secretariat, Hyderabad Rep. by its Zonal Manager. 3. Senior Divisional Manager, LIC of India, Divisional Office, Kennedy Road, Machi li patnam, Krishna District-521 001. 4. Senior Divisional Manager, LIC of India, Divisional Office, Rajahmundry, East Godavari District. 3 5. Senior Divisional Manager, LIC of India, Divisional Office, Nellore , Nellore District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or orders direction or directions to declare the Circular No.ZO/MPPR/LGL/2017/165 dated 16-05-2017 issued by the Executive Director [Personnel] to the Zonal Offices restricting consideration for absorption only to those persons who were the petitioners before the Central Govt. Industrial Tribunal, New Delhi in I.D.No.27 of 1991 dated 18.06.2001 as illegal, arbitrary and unconstitutional and to direct the respondents to absorb the petitioners with all consequential monitory benefits in terms of the orders of the Hon'ble Supreme Court in C.A.No.6950 of 2009 dated 18.03.2015, 09.08.2016 and 22.02.2017, and pass…. IA NO: 1 OF 2017 (WVMP 5186 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in W.P.M.P.No.43227 of 2017 in W.P.No.34786 of 2017 Dt.20-10-2017 in the interest of justice and to pass IA NO: 2 OF 2017 (WPMP 43227 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioners: G V RAMANA MURTHY Counsel for the Respondents: BATHULA RAJ KIRAN (SC FOR LIC ) 4 The Court made the following ORDER:- The instant writ petition under Article 226 of Constitution of India is filed seeking the following main prayer:- “…..to issue a Writ of Mandamus or any other appropriate writ, order or orders direction or directions to declare the Circular No.ZO/MPPR/LGL/2017/165 dated 16-05-2017 issued by the Executive Director [Personnel] to the Zonal Offices restricting consideration for absorption only to those persons who were the petitioners before the Central Govt. Industrial Tribunal, New Delhi in I.D.No.27 of 1991 dated 18.06.2001 as illegal, arbitrary and unconstitutional and to direct the respondents to absorb the petitioners with all consequential monitory benefits in terms of the orders of the Hon'ble Supreme Court in C.A.No.6950 of 2009 dated 18.03.2015, 09.08.2016 and 22.02.2017, and pass…” 2. Heard Sri G.V.Ramana Murthy, learned counsel for the petitioners and Sri Bathula Raj Kiran, learned Standing Counsel for the respondents LIC. 3. Learned Standing Counsel for the respondents LIC, appearing through online, fairly submits that the issue involved in the present case has been dealt with by the Hon’ble Apex Court in Miscellaneous Application No.1150 of 2019 in Contempt Petition (Civil) No.1921 of 2017 in Civil Appeal No.6950 of 2009 & batch. He submits that in view of the said Dictum, the petitioners' case would also be considered. 4. The relevant portion of the above referred judgment dated 27.04.2022 in Miscellaneous Application No.1150 of 2019 in Contempt Petition (Civil) No.1921 of 2017 in Civil Appeal No.6950 of 2009 & batch reads as under:- “….75. The dispute is now of an antiquity tracing back to nearly four decades. Finality has to be wrung down on the dispute to avoid 5 uncertainty and more litigation. Nearly thirty-one years have elapsed since 1991. We have come to the conclusion that the claims of those workers who are duly found upon verification to meet the threshold conditions of eligibility should be resolved by the award of monetary compensation in lieu of absorption, and in full and final settlement of all claims and demands. Thus, this Court directs the following: (i) A fresh verification of the claims of workers who claim to have been employed for at least 70 days in Class IV posts over a period of three years or 85 days in Class III posts over a period of two years shall be carried out; (ii) The verification shall be confined to persons who were working between 20 May 1985 and 4 March 1991; (iii)All persons who are found to be eligible on the above norm shall be entitled to compensation computed at the rate of Rs 50,000 for every year of service or part thereof. The payment of compensation at the above rate shall be in lieu of reinstatement, and in full and final settlement of all claims and demands of the workers in lieu of regularisation or absorption and notwithstanding the directions issued by this Court in TN Terminated Employees Association (supra); (iv)In carrying out the process of verification, the Committee appointed by this Court shall not be confined to the certified list before the CGIT and shall consider the claims of all workers who were engaged between 20 May 1985 and 4 March 1991; (v) For the purpose of verification, LIC shall make available all the records at the Divisional level to the Committee appointed by this Court; (vi)It will be open to the workers concerned or, as the case may be, the Unions and Associations representing them, to make available such documentary material in their possession for the purpose of verification; (vii) The process of verification shall be carried out independently without regard to the Dogra Report, which is held to be flawed; (viii) The payment of compensation in lieu of reinstatement shall be effected by LIC within a period of three months from the date of receipt of the report of verification by the Committee; and (ix) The task of verification shall be carried out by a Committee consisting of: (a) Mr Justice P K S Baghel, former Judge of the Allahabad High Court; and (b) Shri Rajiv Sharma, former District Judge and member of the UPHJS. LIC shall provide all logistical assistance to the Committee and bear all expenses, including secretarial expenses, travel and incidental expenses, as well as the fees payable to the members of the Committee. Justice P K S Baghel shall fix the terms of remuneration payable to the members of the Committee. 6 5. Considering the submissions made and in view of the above stated legal position, the respondents shall consider the case of the petitioners as per the directions issued by the Hon’ble Supreme Court in Miscellaneous Application No.1150 of 2019 in Contempt Petition (Civil) No.1921 of 2017 in Civil Appeal No.6950 of 2009 & batch. 6. The writ petition is accordingly disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 31.10.2025 Rns 7 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.34786 of 2017 Date: 31.10.2025 Rns