Case Note & Summary
The Life Insurance Corporation (LIC), a statutory body, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 14th February 2024 passed by a learned Single Judge in W.P. No.102956/2022 (S-RES). The Single Judge had directed the appellant-Corporation to appoint the writ petitioner (respondent herein) against a permanent vacancy that arose after 14.01.2020 till 14.01.2022, and granted two months for compliance. The Division Bench, comprising Justice Krishna S. Dixit and Justice Vijaykumar A. Patil, heard the appeal. The appellant was represented by Sri A.P. Murari, and the respondent by Sri Girish V. Bhat. The court considered the submissions and perused the impugned order. The Division Bench found that the learned Single Judge had passed a just and proper order, and there were no grounds to interfere. Consequently, the appeal was dismissed with no order as to costs. The judgment was delivered orally by Justice Krishna S. Dixit.
Headnote
A) Service Law - Appointment - Permanent Vacancy - Life Insurance Corporation Act, 1956 - The appellant-Corporation challenged the Single Judge's order directing appointment of the respondent against a permanent vacancy that arose after 14.01.2020 till 14.01.2022. The Division Bench found no grounds to interfere, as the order was just and proper, and dismissed the appeal with no order as to costs. (Paras 1-3)
Issue of Consideration
Whether the learned Single Judge's direction to appoint the writ petitioner against a permanent vacancy arising between 14.01.2020 and 14.01.2022 warrants interference in appeal.
Final Decision
The writ appeal is dismissed with no order as to costs.
Law Points
- Appointment against permanent vacancy
- Writ appeal
- Service law
- LIC Act
Case Details
2024 LawText (KAR) (08) 42
WA No.100105 of 2024 (S-RES)
Justice Krishna S. Dixit, Justice Vijaykumar A. Patil
Sri A.P. Murari (for appellants), Sri Girish V. Bhat (for respondent)
The Life Insurance Corporation, by its Managing Director, Head Office, Mumbai; The Zonal Manager, South Central Zone, LIC, Hyderabad; The Senior Divisional Manager, Divisional Office, LIC, Dharwad Division
Sourabh S/o. Sudhakar Saraf
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Nature of Litigation
Writ appeal against a Single Judge order directing appointment against permanent vacancy
Remedy Sought
Appellants sought to set aside the impugned order in WP No.102956/2022 (S-RES) dated 14.02.2024 and to dismiss the writ petition with costs
Filing Reason
The appellant-Corporation challenged the direction to appoint the respondent against a permanent vacancy
Previous Decisions
Learned Single Judge in WP No.102956/2022 (S-RES) dated 14.02.2024 directed the appellant-Corporation to appoint the writ petitioner against a permanent vacancy that arose after 14.01.2020 till 14.01.2022, with a compliance period of two months
Issues
Whether the Single Judge's order directing appointment against permanent vacancy is sustainable
Submissions/Arguments
Appellant argued against the direction; respondent supported the order
Ratio Decidendi
The learned Single Judge's order was just and proper, and no grounds for interference were made out.
Judgment Excerpts
The Life Insurance Corporation, a statutory body in appeal for laying a challenge to the learned Single Judge’s order dated 14th February 2024, whereby the private respondents’ W.P. No.102956 of 2022 (S-RES) having been favored, a direction has been issued to the appellant-Corporation “to appoint the writ petitioner as against the permanent vacancy that has arisen after 14.01.2020 till 14.01.2022” (sic).
Having heard the learned counsel for the parties and having perused the impugned order, we are of the considered view that the learned Single Judge has passed a just and proper order and therefore, no grounds for interference are made out in the instant appeal.
Procedural History
The respondent filed WP No.102956/2022 (S-RES) before the High Court of Karnataka, Dharwad Bench, which was allowed by a learned Single Judge on 14.02.2024 directing the appellant-Corporation to appoint the petitioner against a permanent vacancy. The appellant-Corporation filed the present writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging that order.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
