IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.431 OF 2011 DATED:24.6.2011 Between: K. Chinnappa and others … Appellants And Life Insurance Corporation of India Rep. by its Executive Director (Personnel) Central Office, Yogakshema, Jeevan Bima Marg, Mumbai and another … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.431 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) This writ appeal centers around the condition stipulated in the notification inviting applications for Class IV posts which reads: “All Temporary Class IV employees working in LIC of India for more than five years as on 18.01.2011 and who possessed 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.” A plain reading of the condition would show that only those Class IV employees could apply who have been inter alia working for more than five years. Admittedly the writ petitioners are not possessed of the length of continuation of five years as on 18.01.2011 therefore writ petition, but of no avail to them because requirement to have been working for more than five years emanates from the judgment of the Apex Court in Shri D.V. Anil Kumar & Others v. Life Insurance Corporation of India (Civil Appeal Nos.953-968), operative portion whereof is extracted hereunder; (a) 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. (b) The respondents in the Civil Appeal No.953-968 who are open market candidates who had appeared in the written test for recruitment of Class IV employees in the year 1996 in Hyderabad and Secunderabad Divisions of the Corporation at the relevant time and who were successful in the written test shall be called for interview along with the temporary employees as at (a) above. Such of those candidates who shall be successful in the interview shall be offered appointment.” The direction (a) makes it obligatory on the respondent – Life Insurance Corporation of India to recruit, as onetime measure, all those temporary Class –IV employees who have worked for more than five years as on 18.01.2011 and it is by adherence to the said direction that a policy was evolved by the respondents which is sought to be altered by the writ petitioners to their advantage seeking quashing of the expression “employees working in LIC of India for more than five years as on 18.01.2011”. Suffice it to say that such relief cannot be granted because it would amount to alternation of the judgment of the Supreme Court supra which power we cannot conceive of. Dismissed. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 24-6-2011 B. Narsinga Rao