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Orissa High CourtWP(C)/10292/2022disposed off

Ashutosh Naik v. Lic Of India, Mumbai

2022-05-06Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10292 of 2022 Ashutosh Naik ....

Petitioner Mr.Sidharth Prasad Das, Advocate -versusLIC of India, Mumbai & another ....

Opposite Parties

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.05.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Learned counsel for the Petitioner makes an oral prayer to add Senior Divisional Manager, L.I.C. of India, Cuttack Division, Opposite Party No.3 in the writ application.

4.

The Prayer is allowed.

5.

The Petitioner is permitted to carry out the correction in the cause title in Court.

6.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate.

7.

The present writ application has been filed by the Petitioner with the following prayer:

" In view of the aforesaid facts and circumstances it is therefore humbly prayed that this Hon'ble Court may be pleased to a) Admit he case. Issue notice to the Opp.Parties and call for the records, AND

// 2 // b) Direct the Opp.Party No.1 to consider the grievance of the Petitioner vide Annexure-7 & 8 within a stipulated time for providing him employment under Rehabilitation Assistance Scheme/Compassionate Appointment to save the Petitioner from penury/destitution.

c) And pass any other writ/writs and order/directions with this Hon'ble Court may deem fit and proper in the interest of justice;

4.

It is submitted by the learned counsel for the Petitioner that although the Petitioner had applied for appointment under the Rehabilitation Assistance Scheme adopted by the Life Insurance Corporation of India, the case of the Petitioner is not being considered by the authority under the said scheme. It is further submitted by the learned counsel for the Petitioner that identical issue under the Rehabilitation Assistance Scheme of the Life Insurance Corporation went up to the Supreme Court and in the matter of Govind Prakash Verma v. Life Insurance Corporation of India and others (2005) 10 SCC 289 as well as S.Gopal Reddy v. State of Andhra Pradesh JT 1996 (6) SC 268.

In such view of the matter, the Petitioner has submitted representations before the Senior Divisional Manager Life Insurance Corporation of India, Cuttack Division, Opposite Party No.3 under Aannexure-6 & 7 and further he prays for a direction to the Senior Divisional Manager, L.I.C. of India, Cuttack to consider the representations of the petitioner in the light of the law laid down by the Hon'ble Supreme Court in the light of the judgments referred to hereinabove.

5.

Considering the limited nature of grievance and without expressing any opinion on the merits of the case, this writ application is disposed of with a direction to the Opposite Party No.3 to consider the representation of the Petitioner under Annexures-6 & 7 in the light of the law laid down in the case of Govind Prakash

// 3 // Verma v. Life Insurance Corporation of India and others and S.Gopal Reddy v. State of Andhra Pradesh and shall take a decision within two months from the date of production of certified copy of this order.

6.

With the aforesaid observation the writ application stands disposed of.

7.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge