THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17709 OF 2011 ORDER: This Writ Petition is filed seeking to issue writ of mandamus declaring the action of the respondents in not issuing hall ticket to the petitioner to appear for the written test for the post of Peon scheduled to be held on 26-06-2011 in pursuance of the notification, dated 20-05-2011 as illegal, arbitrary and consequently direct the respondents to issue hall ticket to the petitioner. 2. The petitioner was joined as temporary sub-staff in the respondent corporation on 01-02-1991 and worked as such till 31- 05-2006 i.e., for more than 15 years. The 1st respondent corporation issued notification for appointment to the posts of Peons stating that all temporary Class IV employees working in LIC of India for more than five years as on 18-01-2011 and who possessed the minimum eligible qualification (pass in Standard IX) and age as prescribed by LIC of India in its Recruitment Rules/Instructions at the relevant time of their entry into LIC of India are eligible to apply. Accordingly, he obtained service certificate from the 2nd respondent and submitted his explanation. Thereafter, he came to know that his application was rejected on the ground that he was not working as on 18-01-2011. Hence, the writ petition. 3. Learned counsel appearing for the petitioner contended that the petitioner worked in LIC of India as temporary employee from 1991 to 2006, that as per the decision of the Supreme Court in Civil Appeal Nos.953-968 of 2005, dated 24-01-2011, the petitioner is eligible and therefore, the petitioner cannot be denied his right to participate in the selection process and hence, he prays to allow the writ petition. 4. On the other hand, learned standing counsel appearing for the respondents contended that the petitioner is not shown to be working as on the date of issuance of notification, that the terms and conditions of notification would go to show that the employee, who is working for more than five years as on 18-01- 2011 is eligible to participate in the selection process and hence, he prays to dismiss the writ petition. 5. It is not in dispute that the respondents issued notification, dated 20-05-2011 calling for the applications for the posts of Peons. One of the conditions in the notification reads thus: “The Life Insurance Corporation of India, as a one time measure, recruit all the eligible temporary Class IV employees who are working in LIC of India for more than 5 years as on 18-01-2011 and who had possessed minimum eligible qualification and age at the relevant time of their entry into LIC of India by holding a limited written examination which will be in vernacular language with a limited syllabus to be announced in advance. The successful short listed candidates shall be called for interview. Such of those persons who shall be successful in the interview shall be initially appointed and posted anywhere in the respective Zone.” A bare perusal of above clause would go to show that those temporary Class IV employees who are working in LIC of India for more than 5 years as on 18-01-2011 and posses requisite qualifications are eligible to participate in the written examination. Admittedly, the petitioner is not shown to be working as temporary Class IV employee in LIC of India as on 18-01-2011. On his own showing, he worked as temporary employee from 01-02-11991 to 31-05-2006. Therefore, when the petitioner does not fulfill the requisite qualification in terms of the notification, question of issuing mandamus does not arise. 6. Learned counsel for the petitioner contended that there was no cut off date in the judgment of the Supreme Court, but in the notification it was mentioned as 18-01-2011. The affidavit of the respondent corporation was incorporated in the judgment, which reads thus: “One time limited examination for those temporary persons who are working in LIC of India for more than 5 years and who had possessed minimum eligible qualification and age as prescribed at the relevant time of their entry into LIC of India would be considered.” Accepting the said affidavit, appeals have been disposed of directing that the respondents shall be absorbed in terms of the aforesaid policy as expeditiously as practicable. In pursuance of that judgment, the present notification was issued. Even the affidavit filed by the respondents would go to show that they will consider the cases of the persons who are working in LIC of India for more than 5 years. Affidavit of the respondents as well as requisite conditions laid down in the notification would reveal that one of the eligibility criterion is that the person must be employee working as on the date of notification. Admittedly, the petitioner is not working in the LIC of India as on the date of notification. Therefore, the writ petition is devoid of merit and is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed at the stage of admission. No order as to costs. _________________ K.C. BHANU, J DATED: 24-06-2011 Hsd