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2025 DAILYLAW 8444 (GAU)

ANJAN KUMAR DAS v. LIFE INSURANCE CORPORATION OF INDIA AND 3 ORS (K)

WP(C)/1349/2023 · 2025-03-10

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010043172023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1349/2023 ANJAN KUMAR DAS S/O- SURENDRA CH. DAS , R/O- DEEP APARTMENT, LOCHAN BAIRAGI ROAD, SILCHAR, DIST- CACHAR, ASSAM, PRESENT ADDRESS- BASISTHA NAGAR, KALIBARI ROAD, BANGADALI BASTI, BYE LANE-7, H.NO-8, P.O- BASISTHA, GUWAHATI-29, DIST- KAMRUP (M), ASSAM VERSUS LIFE INSURANCE CORPORATION OF INDIA AND 3 ORS (K) REPRESENTED BY ITS MANAGING DIRECTOR, LIC OF INDIA, 1ST FLOOR, YOKAKSHEMA , JEEVAN BIMA MARG, P.B NO-19953, MUMBAI, MAHARASTRA, PIN- 400021. 2:THE ZONAL MANAGER LIFE INSURANCE OF INDIA EASTERN ZONAL OFFICER C.R. AVENUE HINDUSTAN BUILDING KOLKATA WEST BENGAL- 700072. 3:THE SENIOR DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA SILCHAR DIVISIONAL OFFICE Page No.# 2/4 ZEEVAN PRAKASH MEHERPUR SILCHAR CACHAR ASSAM PIN-788015 4:THE ENQUIRY OFFICER MANAGER F AND A SR NO-33047 LIFE INSURANCE CORPORATION OF INDIA SILCHAR DIVISIONAL OFFICE SILCHAR CACHAR ASSAM PIN-788015 5:THE CHAIRMAN LIC OF INDIA 1ST FLOOR YOKAKSHEMA JEEVAN BIMA MARG P.B NO-19953 MUMBAI MAHARASTRA PIN- 400021 Advocate for the Petitioner : MR A SHARMA, Advocate for the Respondent : SC, LIC, MR S NATH BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.03.2025 Heard Mr. A. Sharma, learned counsel for the petitioner. Also heard Ms. S. Nath, learned Standing Counsel appearing for the LIC. The writ petitioner was appointed as a Sepoy (Peon) on 30.10.1990 in the LIC Department. He joined service on the same date and had been rendering Page No.# 3/4 his services under the authority concerned. On 16.04.2016, he was removed from the post. This order of removal came to be challenged by the petitioner by filing WP(C)/7565/2016 and by an order dated 20.12.2017, the High Court dismissed the writ petition. Aggrieved by the order of dismissal of the writ petition, the petitioner preferred an appeal being W.A. No.179/2018. This appeal also came to be dismissed. During the course of the proceedings before the Court petitioner had filed a representation on 18.07.2017 for compassionate allowance, which was pending before the Competent Authority. After dismissal of the writ appeal the petitioner also preferred a SLP before the Apex Court being SLP (Civil) Diary No.31170/2022. The SLP also came to be dismissed on 07.11.2022. The Apex Court refused to interfere with the order passed by the Gauhati High Court. The present writ petition has been filed seeking a direction to the respondents to consider his representation seeking compassionate allowance which was filed before the authorities concerned. A copy of the same is enclosed to the present writ petition at Annexure-4. A similar application was also filed before the Senior Divisional Manager, LIC, Silchar at Divisional Office on 23.01.2023. It is the claim of the petitioner that inspite of the representations being pending for seeking compassionate allowance no orders were passed by LIC Authorities. The LIC Authorities being respondents in the present proceedings have also filed their counter affidavit. A perusal of the counter affidavit does not reflect any averments as to the status of the representations filed before the LIC Authorities stated to be pending before the authorities concerned. Ms. S. Nath, learned Standing Counsel appearing for the LIC also submits Page No.# 4/4 that he has no instructions as to whether any orders have been passed on this representation. Since the limited prayer in the present writ petition seeking a direction to the respondent authorities to release the compassionate allowance in favour of the petitioner, since the representations have not yet been disposed of and/or as no information has been placed before the Court by the respondent authorities that the representation has been disposed of, this writ petition stands closed at the stage without entering into the merits of the case by issuing a direction to the respondent authorities more particularly respondent nos. 1 & 3 to consider the representations filed by the petitioner and thereafter, disposed of the same by passing a speaking order and in the meantime if any speaking orders have already been passed by the respondents on those representation, copies thereon be served on the writ petitioner. The direction above be carried out within a period of 60 days from the date of receipt of the certified copy of this order. Writ petition disposed of, no order as to cost. JUDGE Comparing Assistant