J. Varaprasad v. The Zonal Manager

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32223 OF 2018 DATED :11.09.2018 Between :

J.Varaprasad S/o.J.Ramakrishna, Aged 37 yrs, LIC Development Officer, (Under order of termination), R/o.Gannavaram, Vijayawada, Krishna District, A.P.

..

Petitioner And The Zonal Manager, Life Insurance Corporation of India, South Central Zone, Secretariat Road, Saifabad, Hyderabad & another.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32223 OF 2018 ORDER :

Heard learned counsel for the petitioner and Sri Bathula Raj Kiran, learned Standing Counsel for Life Insurance Corporation of India.

2.

Petitioner is aggrieved by the order terminating the services of petitioner as Development Officer. Against the order of termination appeal shall lie to the Zonal Manager. However, learned counsel for the petitioner sought to contend by referring to 2009 Rules that Zonal Manager is the competent authority and therefore, the order of termination made by the Senior Divisional Manager is not valid and on that ground alone, the order impugned is liable to be set aside.

3.

However, the 2009 Rules were amended, the notification of which is published in G.S.R.98 (E) dated 22.01.2016 amending the relevant provisions including Rule 7 and in the place of Zonal Manager, it is now substituted as "appointing authority". Against the decision of appointing authority appeal lies to the Zonal Manager. Thus, it cannot be said that Senior Divisional Manager is not competent to take action against the petitioner. 4.

According to learned counsel for the petitioner, petitioner has preferred appeal to the Zonal Manager. However a copy of the same is not placed on record. If an appeal is already preferred and the same is received by the Zonal Manager-1st respondent, the Zonal Manager is directed to consider the

- 3 - appeal and pass appropriate orders by assigning due reasons in support of the decision, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of copy of this order.

5.

With the above directions, the Writ Petition is disposed of. Pending miscellaneous petitions shall stand closed. __________________ P.NAVEEN RAO,J 11th September, 2018 Rds