K D BANERJI Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(CAL)-1960-7-12
HIGH COURT OF CALCUTTA
Decided on July 06,1960

K.D.BANERJI Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents

JUDGEMENT

P.B.Mukharji, J. - (1.) This is an application under Article 226 of the Constitution which Sinha, J. dismissed. The matter now comes up in appeal before us. The appellant is one K. D. Banerji, Assistant Branch Manager of the Life Insurance Corporation of India.
(2.) The appellant's case is, in effect, to ask for an order of mandamus in his favour directing the respondents to give him the scale of pay, motor car allowance, dearness allowance and basic salary as payable to the grade of Assistant Branch Managers in the Life Insurance Corporation.
(3.) In order to succeed in this contention he has to satisfy this Court that he has a legal right which can be enforced by the writ. That legal right so far as the particular Statute is concerned can only be traced or claimed either under an Order under Section 11(2) of the Life Insurance Corporation Act, 1956 or under any Regulations made under Section 49(2)(bb) of the same Act. Neither any Order under Section 11(2) nor any Regulation under Section 49(2)(bb) of the Act has in fact been made applicable to the Appellant.;


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