G.S.SINGHVI, H.K.SANDH J. - (1.) PETITIONER 's husband late Shri Suninder Singh Khurana died on September 8,1992 due to heart attack, while he was still in the service of the Life Insurance Corporation of India (for short, the respondent Corporation as Assistant Accounts Officer ). After the death of her husband, petitioner submitted an application, dated 4. 1. 1993 for appointment of her daughter as a dependant of the deceased employee. On being asked by the authorities of the Corporation to submit application in prescribed proforma, the petitioner submitted the requisite application alongwith Annexure P-3, dated 25. 1. 1993. She thereafter submitted reminders, dated 123. 1993 (Annexure P-4) and 17. 6. 1993 (Annexure P-5) to the Competent Authority for issue of an order of appointment. Having failed to persuade the authorities of the respondent Corporation to appoint her daughter as a dependant of the deceased employee of the Corporation, the petitioner has filed this writ petition and sought issue of a direction to the respondents to pass appropriate order for giving appointment to her daughter Jugjiv Kaur.
(2.) IN reply, the respondent Corporation has pleaded that recruitment to the service of the respondent Corporation is governed by the Life Insurance Corporation of India (Staff) Regulations, 1960, which have been framed under Section 49 of the Life Insurance Corporation Act, 1956. Regulation 4 of the Regulations empowers the Chairman of the Corporation to issue administrative instructions. The Chairman of the Corporation had on 27. 11. 1979 issued Life Insurance Corporation Recruitment (of Class III and Class IV) Instructions, 1979. Clause 22 of these instructions provide for appointment on compassionate grounds. By a subsequent order, dated January 20,1987, some clarifications have been issued in regard to the appointment of a dependant of the deceased member of the Staff of the Corporation. On February 25,1993 fresh instructions have been issued with the title as "life Insurance Corporation Recruitment (of Class) III and Class IV Staff) Instructions, 1993. " Clause 21 of these instructions also provide for recruitment of near relatives of an employee who dies while in service or retires five years prior to the date of superannuation. On the basis of these instructions, the Corporation has pleaded that the dependant of late Shri Suninder Singh Khurana cannot get employment under these instructions because one member of the family of the deceased is gainfully employed. The only argument advanced by the learned counsel for the petitioner is that one dependant of deceased, namely, late Shri Suninder Singh Khurana is entitled to be appointed in the service of the respondent Corporation as a matter of right, irrespective of the fact that another dependant of late Shri Suninder Singh might be gainfully employed. Learned counsel further argued that Maninder Singh, who is one of the sons of late Shri Suninder Singh, is not living with the family and he cannot be treated as a dependant of late Shri Suninder Singh for the purposes of the instructions issued by the Corporation and for this reason, the decision of the Corporation not to appoint Ms. Jugjit Kaur is liable to be declared as illegal and arbitrary. Learned counsel appearing for the respondents submitted that in the face of clear and unambiguous instructions issued by the Corporation in 1979 and 1993, Ms. Jugjit Kaur cannot be appointed in the service of the Corporation as a dependant of late Shri Suninder Singh Khurana because his son is gainfully employed.
(3.) THERE is no controversy between the parties that the conditions of service of the Staff of the Life Insurance Corporation of India are governed by the provisions contained in the Life Insurance Corporation Act, 1956 and regulations framed under the said Act. There is also no dispute between the parties that the instructions of 1979 and 1993 have been issued by the respondent Corporation for the purpose of appointment on compassionate grounds. Para 22 (iii) of 1979 Instructions, Clause (4) of Circular, dated 20. 1. 1987 and para No. 21 (ii) and (iii) of 1993 Instructions are reproduced below :instructions of 197 9 21. Relaxation in favour of near relatives of an employee who dies while in service: (i ). . . . . . . . . (ii ). . . . . . . . . (iii) The relaxation shall be admissible only where none of the members of the family-widow, son or unmarried daughter - is gainfully employed. " Circular, dated 20. 1. 1987: " (4) Where any member of the family is employed, no appointment may be made on compassionate grounds. " Instructions of 1993: "21. Relaxation in favour of near relatives of an employee who dies While in service or retires at least five years prior to the date of superannuation : (i ). . . . . . . . . (ii) Such relaxation shall be admissible only in favour of a spouse, son or unmarried daughter of the employee; (iii) The relaxation shall be admissible only where none of the members of the family-spouse, son or unmarried daughter - is gainfully employed. However, if the widow is already employed else-where in private sector she will be allowed to take up a job in the Corporation in Class III or Class IV cadre commensurate with her qualifications if she opts for the same" ;