N. Sankar, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.N.Sankar 2.M.Sivaganesh : Petitioners in WP (MD) No.26886 of 2023 S.Ravindran : Petitioner in WP (MD) No.26887 of 2023 versus 1.Union of India, rep. By its Secretary, Ministry of Finance, Department of Financial Services, New Delhi 2.The Chairperson, LIC Central Office, Yogakshema Jeeva Bima Marg, Mumbai 3.The Zonal Manager, LIC, Southern zonal Office, LIC Building, Anna Salai, Chennai 600 002 : Respondents Prayer: Writ petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration to declare Rule 5 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 as illegal and consequently for a direction, directing respondents 2 and 3 to grant notional promotion to the petitioners in the post of Assistant Administrative Officer with effect from 2016 and as Administrative Officer with effect from 2023 and disburse all the monetary benefits and arrears within a time period.

Appearances:

Mr.A.R.Rithik Sushil, for M/s.Lajapathi Roy & Associates, for petitioners in both writ petitions.

Mr.AR.L.Sundaresan, Additional Solicitor-General, for the first respondent in both writ petitions Mr.S.Karthikei Balan, for respondents 2 and 3 in both writ petitions COMMON ORDER (Made by the Hon'ble Chief Justice) The learned counsel for the petitioners submits that some factual error has crept in the writ petitions and the petitions should not be dismissed on technical grounds and therefore, seeks leave to withdraw the petitions with liberty to file fresh ones.

2. Considering the request made, and the fact that there are some factual mistakes, the petitioners are allowed to withdraw the petitions with liberty to file fresh ones.

3. The writ petitions are dismissed with the liberty as aforesaid. There shall be no order as to costs.

4. WMP (MD) No.23103 of 2023 filed to permit the petitioners to join together and file a single writ petition is allowed and disposed of. (S.V.G., CJ.) (D.B.C., J.) 06.03.2024 Index : Yes/No : Yes/No tar To 1.The Secretary, Ministry of Finance, Department of Financial Services, New Delhi 2.The Chairperson, LIC, Central Office, Yogakshema Jeeva Bima Marg, Mumbai 3.The Zonal Manager, LIC, Southern zonal Office, LIC Building, Anna Salai, Chennai 600 002

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 06.03.2024