Siba Prasad Pani v. The Life Insurance Corporation Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.805 of 2024 In Civil Writ Jurisdiction Case No.4670 of 2024 ====================================================== 1.

Siba Prasad Pani S/o Sarat Chandra Pani R/o Village- Golagola P.S.- Nayagarh, District- Nayagarh (Orisa).

2.

Suraj Chandra Gupta S/o Sri Gautam Kumar Gupta R/O Village and P.S.- Khagaria, Near Old Hospital, District- Khagaria. 3.

Sudhir Kumar S/o Late Mahendra Narayan Yadav R/o Village and P.O.- Pirnagara, P.S.- Beldaur, District- Khagaria. ... ... Appellant/s

Versus

1.

The Life Insurance Corporation of India Central Office, Yogakshema Building, Jeevan Bima Marg, Nariman Point, Mumbai. 2.

The Chairman, Life Insurance Corporation, Central Office, Yogakshema Building Jeevan Bima Marg, Nariman Point, Mumbai. 3.

The Zonal Manager, Life Insurance Corporation of India, East Central Zone, Patna.

4.

The Executive Director (Mktg./PD) and Chief Marketing Officer, Life Insurance Corporation of India, Central Office, Yogakshema, Jeevan Bima Marg, Nariman Point, Mumbai.

5.

The Senior Divisional Manager, Life Insurance Corporation of India, Division Office, Bhubaneshwar Divisional Office, Jeevan Prakash, Plot No. 149 (P), D-Plot No. P/1, Ananta Vihar, Pokhariput, Bhubneshwar. 6.

The Senior Divisional Manager, Life Insurance Corporation of India, Krishna Bhawan, Vishnu Cinema Campus, Begusarai, District- Begusarai. 7.

Sangit Kumar S/o Madhab Jha Resident of Village- Vidyapuri Near Ganja Chowk Near Old Hospital, P.S. and District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Baidya Nath Thakur, Advocate Mr. Sanjeev Kumar Mishra, Advocate For the Respondent/s :

Mr. Abhimanyu Vatsa, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

2/4 ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 30-04-2025 Re: I.A.No. 1 of 2024 Learned Advocate for the appellants presses I.A. No. 1 of 2024 for condoning the delay of two days in preferring this appeal.

2. For the reasons stated in the application, the delay of two days in preferring this appeal is condoned.

3. I.A. No. 1 of 2024 stands allowed.

Re: L.P.A. No.805 of 2024

4. The judgment dated 05.07.2024 by a learned Single Judge of this Court passed in CWJC No. 4670 of 2024 is under challenge.

5. The appellants/writ petitioners, pursuant to the Financial Service Execution Scheme of LIC, applied for their recruitment as Apprentice Development Officers. They fulfil the criteria in all respects except the amount of premium collected by them in the last five preceding years. In any view of the matter, the appellants were

3/4 issued interview letters but their results were not published only on the ground that they had not fetched the requisite amount as premium for the last five years.

6. The learned Single Judge, relying on the stand of the LIC that interview call letter was given to every candidate who had applied, but it was subject to the condition of each candidate having fulfilled all the criteria and only then such candidate could be considered for appointment, rejected the petition.

7. Mr. Baidya Nath Thakur, the learned Advocate for the appellants submits that the rigour of the requirement of fetching Rs. 5 lakhs as premium in the last five years has been withdrawn as it is almost impossible to achieve that target.

8. If this be so, it should have been brought to the notice of the learned Single Judge when the matter was being decided.

9. Mr. Thakur submits that the withdrawal of such requirement was placed on record but it was not

4/4 considered.

10. We do not find anything in the judgment indicating that such withdrawal of the requirement of the qualification, referred to above, was placed before the learned Single Judge.

11. After some arguments, learned counsel for the appellants seeks permission to withdraw this appeal in order to enable the appellants/writ petitioners to file a review petition before the learned Single Judge.

12. Dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Bibhash/Rajesh AFR/NAFR NAFR CAV DATE NA Uploading Date 1.5.2025 Transmission Date NA