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2025 DAILYLAW 50609 (AP)

P. Ravi Kumar S/o P. Kothandapani v. Life Insurance Corporation of India, Central Office,

WP/24280/2017 · 2025-10-28

Maheswara Rao Kuncheam

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Judgment text

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APHC010446392017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 24280/2017 Between: 1. P. RAVI KUMAR S/O P. KOTHANDAPANI, R/O 1/2266, 1ST FLOOR, APHB COLONY, KADAPA 2. G. READANNA S/O G. KONDAIAH, R/O UTUKURU, C.K. DINNE MANDAL, KADAPA 3. SHAIK HUSSAIN SAHEB S/O S. HUSSAIN PEERA, R/O 7-2-26-12-A, DR. PRABAKAR REDDY NAGAR, DHONE MANDAL, KURNOOL 4. MOHD. SHAMSHULLA S/0 MOHD KHALEELULLAH, R/O 23-65/A, NEAR THERU, ATMAKUR, KURNOOL DIST 5. V. RAVI S/O V. NARASANNA, R/O KARVANPET, 22/71., ADONI, KURNOOL 6. K GOPAL S/O K. NOWSAIAH, R/O BHARPET 1ST WARD 1/196, ADONI POST KURNOOL DIST 7. P VENKATA RAMANAIAH S/O P. CHENNAIAH, R/O 8/83, PRAKASH NAGAR, KADAPA DIST 8. C. SUBBARAMA RAJU S/O C. VENKAT RAJU, R/O 39/642-2 PATEL ROAD, ARVINDA NAGAR, KADAPA 9. B VENKATASUBBAIAH S/O B PEDDA GANGULAIAH, R/O 3/90, SC COLONY, S RAJAMPET SIDDAVETAM, KADAPA 10. G GANGANNA S/0 GANGANNA, R/O SITHARPALLE, PYDIGULLA POST, VOLLUR MANDAL, KADAPA. 11. G VENKATESWARLU S/O G VEMAIAH, R/O 2-23/A, SIVALAYAM STREET GADVEMULA, KURNOOL DIST 12. A BHOJA RAJU S/O LATE A VITTAL RAO, R/O 1/339/70, 1ST WARD, ARUNJYOTHINAGAR, ADONI 13. M SUMITRAMMA D/O M. RAMLAKSHMAIAH, R/O 12-1/3, RAJA STREET, ATMAKUR POST KURNOOL MANDAL 2 14. S. RAMAKRISHNA S/O LATE S. DHAKAPPA, R/O 8/98, KHADI BADI, KUMBERGERI , ADONI 15. P. MD. SHAFLULLA S/0 P.MD. HANEEF, R/O DUDYALA POST ATMAKUR TQ KURNOOL DIST 16. P. INAYATHULLA S/O. P. MOHD. HANEEF, R/O DUDYALA POST ATMAKUR TQ KURNOOL DIST. 17. J. RAMAKRISHNA S/O G. VENKATARAMUDU, R/O 140/12A, SRINIVASANAGAR DHONE MANDAL, KURNOOL DIST 18. K. SOMASEKARA GUPTA S/O K. SURYANARAYANA, R/O 13-27/A, RAJA STREET, ATMAKUR KURNOOL DIST 19. B SRINIVASULU S/O. B. RAMAIAH, R/O 92/132, BALIJAPALLI (VI) CK DINNE, KADAPA 20. S CHAN BASHA S/O S. PEERAN SAHEB, R/O 8/781-1, VAKKALAPETA KADAPA (ALMASPET) 21. S. RAMA RAJU S/0 S. VENKATARAJU, R/O 3/31, GURRAPAGARIPALLI VEERABALLI (MDL), RAYACHOTI, KADAPA 22. K. RAMESH SETTY S/O KV SIVAIAH SETTY, R/O DUDYALA POST, KOTHAPALLY KURNOOL DIST 23. K. SUBBARAMAIAH S/O K. GANGULAIAH, R/O 7/55, MAMILLAPALLI (VII) C.K.DINNE MDL, KADAPA DIST 24. M. REDAPPA S/0 M CHENGADU,, R/O 7/37, BILLAIAGARIPALLI PEDDAGORUPADU POST, PAKALA MDL, CHITTOR DIST 25. KUMMARI VENKATESA S/O K. THAMMANNA, R/O 2-6-165, KACHERI STREET, PULIVENDALA , KADAPA 26. R NAGESWARA NAIDU S/O. NARAYANA, R/O 8-1-21/16, KK ENCLAVE KARMANGHAT, SAROORNAGAR, RR DIST 27. B. THAKUR BHAVANI SINGH S/O. B. LAXMAN SINGH (LATE), R/O 13/183. C3, VIJAYNAGAR COLONY, GUNTAKAL 28. YA RAMA MOHAN REDDY S/O YA CHENNA REDDY, R/O 5/37, VENKATRAMKPALLY, CHINNAKAMPALLI, CK DHINNE KADAPA 29. D RAMESH BABU S/O D DEVAPUTHRA, R/O 97/91, UTUKUR VILLAGE C.K. DHINNE MDL, KADAPA DIST 30. N.V. SUBRAMANYA SASTRY S/O. N.V.SESHAIAH SHARMA, R/O 11-10-11- A, FORT, HINDUPUR 31. SOUTH CENTRAL ZONE INSURANCE EMPLOYEES FEDERATION, (AFFILIATED TO ALL INDIA INSURANCE EMPLOYEES ASSOCIATION) REP. BY ITS GENERAL SECRETARY, C/O. LIC OF INDIA, DIVISIONAL 3 OFFICE, SAIFABAD, HYDERABAD. ...PETITIONER(S) AND 1. LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE, JEEVAN BHEEMA MARG, YOGA KHSHEMA, NARIMAN POINT, MUMBAI - 500 021, REP. BY ITS CHAIRMAN 2. LIFE INSURANCE CORPORATION OF INDIA SOUTH CENTRAL ZONAL, OFFICE, JEEVAN BHAGYA, OPP. SECRETARIAT, SAIFABAD, HYDERABAD - 500 063 REP. BY ITS ZONAL MANAGER. 3. LIFE INSURANCE CORPORATION OF INDIA JEEVAN PRAKASH, COLLEGE ROAD, KADAPA - 516 004 REP. BY ITS SENOR DIVISIONAL MANAGER. ...RESPONDENT(S): 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 toto issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ to (i) declare the Circular No. ZO/MPPR/LGL/2017/165, dated 16-5-2017 communicated by the Executive Director (Personnel) to the Zonal Offices restricting the consideration for absorption only to those who are petitioners before the Central Government Industrial Tribunal or the names furnished by the Associations before the Central Government Industrial Tribunal as illegal and arbitrary; (ii) declare that the petitioners herein are concerned workmen in the award in I.D. No. 27 of 1991, dated 18-6-2001 on the file of the Central Government Industrial Tribunal, New Delhi and entitled for absorption in terms of the said Award; (iii) direct the respondents to absorb the petitioners on consideration of 85 days/70 days as the case may be with all consequential monetary benefits in terms of the orders of the Hon'ble Supreme Court dated 18-3- 2015, 9-8-2016 and 22-22017 in C.A. No. 6950 of 2009 and batch IA NO: 1 OF 2017(WVMP 3521 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 vacate the interim order passed in WPMP No. 30054 of 2017 in W.P. No. 24280 of 2017 Dt.24- 07-2017 in the interest ofjustice IA NO: 2 OF 2017(WPMP 30054 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 direct the respondents to absorb the petitioners herein in terms of the applications submitted by the petitioners pursuant to Notice dated 21-7-2015 along with others without reference to Circular No. ZO/MPPRJLGL/2017/165, dated 16-5-2017 IA NO: 3 OF 2017(WPMP 33378 OF 2017 4 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 extend the interim order granted extension of time for a further for a period of 8 weeks interim orders dated 24-07-2017 in WP.MP.No.30054 of 2017 in WP.NO. 24280 of 2017 and pass Counsel for the Petitioner(S): 1. K UDAYA SRI Counsel for the Respondent(S): 1. BATHULA RAJ KIRAN (SC FOR LIC ) 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 (i) declare the Circular No. ZO/MPPR/LGL/ 2017/165, dated 16-5-2017 communicated by the Executive Director (Personnel) to the Zonal Offices restricting the consideration for absorption only to those who are petitioners before the Central Government Industrial Tribunal or the names furnished by the Associations before the Central Government Industrial Tribunal as illegal and arbitrary; (ii) declare that the petitioners herein are concerned workmen in the award in I.D. No. 27 of 1991, dated 18-6-2001 on the file of the Central Government Industrial Tribunal, New Delhi and entitled for absorption in terms of the said Award; (iii) direct the respondents to absorb the petitioners on consideration of 85 days/70 days as the case may be with all consequential monetary benefits in terms of the orders of the Hon'ble Supreme Court dated 18-3-2015, 9-8-2016 and 22-2-2017 in C.A. No. 6950 of 2009 and batch and pass…….” 2. Heard 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 5 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 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; 6 (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. 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: 29.10.2025 GVK 7 62 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.24280 of 2017 Date: 29.10.2025 GVK