- (1.) Heard Sri B.N. Singh, learned Counsel for the Petitioner-Appellants and Sri Manish Goel, learned Counsel for the Respondent Life Insurance Corporation of India in both the appeals.
(2.) These two special appeals have been filed against the judgment and order of the Hon'ble Single Judge dated 23rd March, 2010, whereby Civil Misc. Writ Petition No. 37610 of 2008 (Suresh Chandra Chaturvedi and Ors. v. Life Insurance Corporation of India and Ors., and Civil Misc. Writ Petition No. 28833 of 2008 (Manish Dwivedi and Ors. v. Life Insurance Corporation of India and Ors. and Civil Misc. Writ Petition No. 29166 of 2008 (Hashumuddin and Ors. v. Life Insurance Corporation of India and Ors. have been disposed of under a common judgment. The Petitioners have been permitted to approach the competent authority of the Corporation by making suitable representations within time specified and the competent authority in turn has been directed to consider the same by means of a speaking order in accordance with law within the time specified. Facts in short giving rise to these special appeals are as follows:
(3.) Petitioners-Appellants before this Court were appointed as Assistants on temporary basis in Life Insurance Corporation of India at various branches in the year 1998-99. It is not in dispute that because of huge shortage of assistants due to non-recruitment for years together on regular basis, the Branch Managers requested the Divisional Managers and Zonal Managers to permit them to make appointments of assistants on temporary basis. It is admitted on record that after calling for the names of eligible candidates from the employment exchange, a written test was held, which was followed by interview. Selected candidates like the Petitioners were issued appointment letters, copy of such appointment order has been enclosed along with the writ petitions. The appointment letters contain specific stipulation to the following effect: (a) appointment was temporary (b) the same was to continue till regularly selected candidate joins, (c) the candidate shall not be entitled to any regular appointment against any post or any preference being granted in his favour on the basis of such temporary appointment including the relief of absorption, (d) if the said conditions were acceptable to the incumbent concerned, he may report for joining.;