SURAJ VEER SINGH CHAUHAN Vs. CHAIRMAN L I C OF INDIA
LAWS(ALL)-1995-2-115
HIGH COURT OF ALLAHABAD
Decided on February 07,1995

SURAJ VEER SINGH CHAUHAN Appellant
VERSUS
CHAIRMAN L I C OF INDIA Respondents

JUDGEMENT

- (1.) ALOK Chakrabarti, J. This writ petition was heard analogously with eight other writ petitions hearing this one as the main petition as points involved are identical.
(2.) THE petitioners have filed the present writ petition challenging deci sion refusing consideration of their candidature for appointment as Assistants as also letters dated 3-12-1993 communicating such decision to son of the petitioners. The case in brief, as made out in the present writ petition, inter alia, is that the petitioners were Airmen in the Indian Air Force and had been discharged on respective dates after completing more than fifteen years of service. The dates of discharge of the petitioners as shown in paragraph No. 1 is between 28-2-1993 and 30-11-1993. An advertisement was issued by the Life Insurance Corporation of India (in short LIC) inviting applications for the posts of Assistants in 'dainik Jagran' published on 7-12-1992 (Annexure No. II to the writ petition ). The last date of submission of the application form was 28-12-1992 which was extended upto 11-1-1993. Advertisement showed that out of total vacancy in the post of Assistants, the posts shown reserved for ex-servicemen were nine. In response to the said advertisement the petitioners applied for the posts against the quota reserved for ex-servicemen specifically annexing no objection certificate which categorically certified that exact date on which the petitioners would be relieved from service. The petitioners were called to appear in the written test and subsequently were declared successful, Call for interview followed through necessary call letters. The petitioners accordingly appeared before the selection committee on the date fixed for interview and produced their original testimonials including no objection certificate. On 9-11-1993 the list was published by the respondent No. 3 on the notice board of the divisional office stating that the candidates, whose names were mentioned in the said list, have been declared successful. Petitioners claimed that they were issued letters on appointment dated 17-11-1993 (Annexures IV, V and VI to the writ petition) fixing 4-12-1993 for medical examination.
(3.) IDENTICAL letters, claiming to be appointment letters, were issued to all the petitioners. Thereafter, instead of getting the petitioners medically examined, they were handed over letters dated 3-12-1993 on 4-12-1993 whereby they were informed that their candidature for appointment as Assistants in LIC cannot be considered as per Rules. Challenging the said letters dated 3-32-1993 the present writ petition was move as aforesaid. The petitioners also filed two supplementary affidavits. One affirmed on 4-10-1994 annexed a circular dated 3-8-1994 (Annexure SA-I) referring to which it has been contended that the LIC has reiterated that an ex-servicemen will be entitled to appointment provided he is actually discharged on the date of interview. By the second supplementary affidavit it has been contended that two persons, namely, Ved Prakash Gupta and Ramesh Chandra Singh similarly situated as the petitioners, had applied one year before the date of actual discharge in pursuance of the advertisement dated 7-12-1992 had been in fact appointed as Assistants and aw posted in Aligarh Division and are still continuing in the employment.;


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