The Chairman v. R.Vani Vidhya Sree
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.A(MD).Nos.1414, 1416, 1417, 1418 and 1419 of 2015 and CMP(MD) Nos.76, 78, 79 and 81 of 2016 1.The Chairman Life Insurance Corporation of India, Central Office, Yogakshema Jeeva Bima Marg, Mumbai 2.The Zonal Manager, Life Insurance Corporation of India Southern Zonal Office, LIC Building, Anna Salai Chennai.
:Appellants in all appeals Vs R.Vani Vidhya Sree : Respondent in WA(MD) No.1414/2015 M.Sivaganesh : Respondent in WA(MD) No.1416/2015 M.R.Kumarendran : Respondent in WA(MD) No.1417/2015 1/5
N.Sankar : Respondent in WA(MD) No.1418/2015 S.Ravindran : Respondent in WA(MD) No.1419/2015 Prayer : Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 10.12.2015 made in W.P.(MD) Nos.15511/2015, 15514/2015 15515/2015, 15516/2015 and 15517/2015 For Appellants : Mr.G.Prabhu Rajadurai For Respondents : Mr.Mahaboob Athiff COMMON JUDGMENT M.S.RAMESH,J.
and N. ANAND VENKATESH,J.
When the matter came up for hearing, on 12.10.2022, this Court passed the following order:
"When the writ petitions were allowed by the learned Single Judge through order dated 16.10.2015, a direction was issued to the Life Insurance Corporation of India to permit the petitioners to participate and compete in the future vacancies for the promotional post of Assistant Administrative Officer on the basis of Rule 13 dated 01.04.2009 and Rule 8 dated 2/5
12.11.2009 of 2009 Rules.
2. When the matter was taken up for hearing, Mr.G.Prabhu Rajadurai, learned counsel appearing on behalf of the Life Insurance Corporation of India, submitted that by virtue of the subsequent amendment to the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules 2009. governing the terms and conditions of service applicable to Development Officers was amended and Rule 13, which provided for the Development Officers being considered for promotion as Assistant Branch Manager or Administrative Officers was done away with. In view of the same, the direction issued in the writ petition become inoperational, since the direction was only to consider the petitioners for the future promotion.
3. The learned counsel for the writ petitioners sought for some more time. The learned counsel for the writ petitioners shall address this Court on the subsequent development and they shall also take instructions as to whether the promotion has already been given to the writ petitioners and what is their present status.
4. Post these writ appeals under the same caption, 3/5
finally on 19.10.2022."
2. When the matter was taken up for hearing today, it is brought to our notice that pursuant to the amendment to the relevant Rules, there is no scope for the writ petitioners to participate and compete in the future vacancy for the post of Assistant Administrative Officer.
3. In view of the same, the direction issued by the learned single Judge, while disposing of the writ petition, will become unworkable. Recording the same, these appeals stand closed. It goes without saying that it will always be left open to the writ petitioners to challenge the amendment that was brought under the relevant rules in accordance with law. No costs. consequently connected Miscellaneous Petitions are closed. [M.S.R.,J] [N.A.V.,J] 09.11.2022 Index : Yes / No Internet : Yes RR 4/5
M.S. RAMESH , J.
AND N.ANAND VENKATESH,J.
RR W.A(MD).Nos.1414, 1416, 1417, 1418 and 1419 of 2015 09.11.2022 5/5