- (1.) WE have heard Mr. Sunil Samdaria, learned counsel for the appellants and Mr. Amit Gupta, learned counsel for the respondents.
(2.) LEARNED Single Judge dismissed the writ petition filed by the appellants on the ground that they were not entitled to appear in special recruitment drive by the Life Insurance Corporation of India on the vacant posts of Class IV employees.
(3.) THE appellants had completed 85 days of service in two consecutive years to be eligible to appear in the open recruitment for Class IV employees, for which written examinations were held in the year 1993, from 25.4.1993. Since the request of the appellants to appear in the written examinations could not be considered within time, learned Single Judge, at that time, had dismissed the writ petition on the ground that the written examinations were over. The Division Bench in D.B. Civil Special Appeals No. 512/1995 and 522/1995, preferred against the order of the learned Single Judge dated 16.5.1995, considering the fact that the appellants were not allowed to appear, despite the judgment in E. Prabavathy and Ors. v. LIC of India and Anr., disposed of the special appeals with directions that the appellants, who had worked with the Corporation for 85 days in two consecutive years after20.5.1985, shall be allowed to appear in the next regular recruitment to be made by the Life Insurance Corporation for the post of Class IV. It was further directed that in case, any candidate, who required relaxation in upper age limit and who had worked for 85 days in any financial year after 1985, he shall also be allowed to appear in such selections in future. It is stated that after 15 long years, the Life Insurance Corporation did not advertise for regular recruitment, though there were about 5000 vacancies. In LIC of India and Anr. v. D.V. Anil Kumar (Civil Appeals No. 953 -968 of 2005), on the directions issued by Hon'ble Supreme Court, Shri C.B. Paliwal, Secretary (Legal), LIC of India, filed an affidavit stating that there were approximately 5000 vacancies of Class IV employees all over India, and that, LIC of India will additionally hold, as a one time measure, one time limited examination for those temporary persons, who were working in LIC of India for more than five years, and who possessed minimum qualifications and age prescribed at the relevant time of their entry into LIC of India.;