Awadhesh Kumar v. The Zonal Manager Pand Gs Life Insurance Corporation Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21970 of 2014 =========================================================== Awadhesh Kumar, aged about 41 years, son Sri Ram Buchan Singh, R/o Jogipur P.S. Patrakar Nagar, District - Patna, at present Secretary, Health Line, Regd. Office at - 502 Gagan Apartment, Exhibition Road, Patna. .... .... Petitioner/s

Versus

1. The Zonal Manager ( P& GS) Life Insurance Corporation of India , East Central Zone Office, Jeevan Deep Building, Exhibition Road, Patna.

2. The Manager, P&GS (Pension and Group Unit), The Life Insurance Corporation of India, L.I.C. Office, Jeevan Prakash Fraser Road, Patna.

3. The Senior Divisional Manager, The Life Insurance Corporation of India, Jeevan Prakash, Fraser Road, Patna.

4. The Union of India through Secretary, Department of Finance, Government of India, New Delhi.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Rajeev Ranjan Prasad, Advocate Mr. Sudhanshu Trivedi, Advocate Mr. Abhishek Singh, Advocate Ms. Surabhi, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-03-2017 Petitioner has filed this petition pro bono and his grievance is that in the implementation of Janashree Bima Yojana

Patna High Court CWJC No.21970 of 2014 dt.27-03-2017 2/3 (Annexure-4 to the writ petition) the authorities of Life Insurance Corporation of India even after accepting the money for the premium is not disbursing the amount to the beneficiaries in accordance to the scheme.

2. Having heard learned counsel for the parties, we find that the scheme in question is a non-statutory scheme formulated by the Life Insurance Corporation of India itself. Once the scheme is a non-statutory scheme uncontrolled by any statutory provision, a Writ Court cannot issue any mandamus for implementation of the scheme. If in the implementation of the scheme any error or illegality has been committed by the Life Insurance Corporation of India, petitioner, the aggrieved person, may make a complaint to the Life Insurance Corporation of India or to the Insurance Ombudsman or the Insurance Regulatory Authority who are the appropriate competent authority to take note of the grievance of the petitioner and take action. In the manner in which the petition is filed, we are not inclined to interfere in the matter.

3. During the course of hearing of this petition, learned counsel representing the Life Insurance Corporation of India raised a vehement objection with regard to bona fide of the petitioner and his locus standi in filing the writ petition. It is stated that he is an interested person, was an corporate agent of the Life Insurance

Patna High Court CWJC No.21970 of 2014 dt.27-03-2017 3/3 Corporation of India earning commission and therefore, he has no locus standi to file the writ petition.

4. As we are not inclined to interfere into the matter, we see no reason to go into these aspects of the matter for the present in this petition.

5. The Writ Petition stands disposed of.

(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.03.2017 Transmission Date