C.Rani v. The Zonal Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.Rani ..
Petitioner vs
1. The Zonal Manager Life Insurance Corporation of India Southern Zonal Office Anna Salai, Chennai - 600 002.
2. The Senior Divisional Manager Life Insurance Corporation Divisional Office, Chennai Division - I 8th Floor, Anna Salai Chennai - 600 002.
..
Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representations of the petitioner dated 22.06.2001, 25.05.2017, 25.06.2019 and 23.11.2022 and direct the respondents to regularize the service of the petitioner viz, Sweeper-cum-Cleaner with retrospectively with effect from 30.03.1995 to 30.09.2022 and provide the retirement benefits.
For Petitioner :
Mr.V.Elangovan For Respondents :
Mr.R.S.Anandan Standing Counsel 1/6
ORDER
This writ petition has been filed for a Mandamus, to direct the respondents to consider the representations of the petitioner dated 22.06.2001, 25.05.2017, 25.06.2019 and 23.11.2022 and also direct the respondents to regularize the service of the petitioner as Sweeper-cumCleaner retrospectively with effect from 30.03.1995 to 30.09.2022 and provide the retirement benefits.
2. Heard Mr.V.Elangovan, learned counsel for the petitioner and Mr.R.S.Anandan, learned Standing Counsel for the respondent.
3. The petitioner seeks for regularization of her services as Sweeper-cum-Cleaner in the Life Insurance Corporation of India. The petitioner claims that she has been working with the Life Insurance Corporation of India as a Sweeper-cum-Cleaner eversince 1995. However, according to her, till date, her services has not been regularized by the respondent Corporation. In such circumstances, she has given several representations to the respondents, requesting them to regularize her services as a Sweeper-cum-Cleaner with effect from 30.03.1995. 2/6
3. Learned Standing Counsel appearing for the respondent Corporation would submit that, in the year 2011, the petitioner participated in the selection process pursuant to the recruitment notification issued by the respondent Corporation, but, she was unsuccessful. Therefore, the question of regularizing her service, at this stage, will not arise. He would also submit that on 30.9.2022, the petitioner has relieved from service.
4. However, this Court is of the considered view that no prejudice would be caused to the respondents after giving due consideration to the fact that the petitioner has been in service with the respondent Corporation from 1995 onwards, if the petitioner's representation, seeking regularization, is considered on merits and in accordance with law within a time frame to be fixed by this Court.
5. However, this Court is of the considered view that, since the representations given by the petitioner are old ones, the petitioner will have to give a fresh representation.
6. For the foregoing reasons, this Court directs the petitioner to 3/6
submit a fresh representation to the Competent Authority of the respondent Corporation seeking for regularization of her service as a Sweeper-cum-Cleaner within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the competent Authority of the respondent Corporation shall pass final orders on merits and in accordance with law within a period of six weeks thereafter.
7. With the aforesaid directions, this writ petition is disposed of. There will be no order as to costs.
02.01.2023 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order drm/nl 4/6
To :
1. The Zonal Manager Life Insurance Corporation of India Southern Zonal Office Anna Salai, Chennai - 600 002.
2. The Senior Divisional Manager Life Insurance Corporation Divisional Office, Chennai Division - I 8th Floor, Anna Salai Chennai - 600 002.
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ABDUL QUDDHOSE, J.
drm 02.01.2023 6/6