APHC010268622017 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: 31998 OF 2017 Between: 1. K SATYADEVA PRASAD, S/o.Nancharaiah, Hindu, Aged about 53 years, R/o.D.No.11-16-66, Bolisettyvari Veedhi, 9th Ward, Railpet, Repalle, Guntur District. ...Petitioner AND 1. L I C CHAIRMAN MUMBAI 2, rep. by its Chairman, Central Office, Jeevan Bhama Marg, Yogakshema, Nariman Point, Mumbai. 2. Life Insurance Corporation of India, South Central Zone Office, Rep. by its Zonal Manager, Jeevan Bhagya, Opp: Secretariat, Saifabad, Hyderabad - 500 063. 3. Life Insurance Corporation of India, Divisional Office, Rep. by its Senior Divisional Manager, Machilipatnam, Krishna District, Andhra Pradesh. ...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 or order more particularly one in the nature of writ of Mandamus or any other appropriate writ: (i) declare the circular No.ZO/MPPR/LGL/2017/165, dated 16.05.2017 communicated by the Executive Director (Personal) to the Zonal Offices restricting the consideration for absorption only to those who are petitioners before the CGIT or the names furnished by the Associations before the CGIT as illegal and arbitrary; (ii) Declare that the petitioner herein is concerned workmen in award in I.D.No.27 of 1991 dated 18.06.2001 on the file of the CGIT, New Delhi and entitled for absorption in terms of the said Award. (iii) direct the respondents to absorb the petitioner 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 2 Supreme Court dated 18.03.2015, 09.08.2016 and 22.02.2017 in C.A.No.6950 of 2009 and batch IA NO: 1 OF 2017(WPMP 39842 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 petitioner herein in terms of application dated 31.07.2017 submitted by the petitioner pursuant to the notice dated 21.7.2015 along with others without reference to the circular No.ZO/MPPR/LGL/2017/165, dated 16.5.2017 IA NO: 2 OF 2017(WPMP 49776 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 post W.P.M.P.No.39842 of 2017 in W.P.No.31998 of 2017 before the Honourable Justice A.Rajasheker Reddy under the caption "for being mentioned", for correction of date of application submitted by the petitioner to the respondents as "31.07.2015" instead of "31.07.2017" in the interim order dated 21.09.2017 and to pass IA NO: 3 OF 2017(WPMP 51959 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 modify the interim directions in WPMP No. 39842 of 2017 in WP No. 31998 of 2017 dated 21.09.2017 reference to sub clause (C) of Clause (iv) of Para No.2 of the ciruclar dated 21.09.2017 instead of entire circular. IA NO: 1 OF 2018 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 WPMP No. 39842 of 2017 in WP No. 31998 of 2017 dt. 21.09.2017 & 27.2.2018 in the interest of justice IA NO: 1 OF 2022 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 pleased to Expedite Petition of the Writ Petition as it is covered by the Judgment of the Hon'ble Supreme Court dt.27.04.2022 and pass Counsel for the Petitioner: G L NAGESWAR RAO Counsel for the Respondents: BATHULA RAJ KIRAN (SC FOR LIC ) 3 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.L.Nageswara Rao, learned counsel for the petitioner 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 petitioner’s 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 4 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. 5 5. Considering the submissions made and in view of the above stated legal position, the respondents shall consider the case of the petitioner 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 6 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.31998 of 2017 Date: 31.10.2025 Rns