IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 29141 of 2004(T) --------------------------------------- PETITIONER(S): ----------------------- 1. K.K. SUNDARAN, KATTETHAZATHE HOUSE, NORTH PALATHURUTHY, KALOOR P.O. KOCHIN- 17. 2. M.K. SURENDRAN, MOOTTAMALAYIL HOUSE, MEMURY, PAMBAKUDA P.O,. ERNAKULAM DISTRICT. 3. C.K. PUSHKARAN, CHELOOKARAN HOUSE, EDAKULAM P.O. IRINJALAKUDA VIA. 4. E.D. SYANAN, ELLATHPADAM HOUSE, NEENDOOR, VADAKKEKARA P.O. N.PARAVOOR, ERNAKULAM. 5. K.K. GOPI, KUNDEPARAMBIL HOUSE, CHITTISSERY P.O., THRISSUR. 6. T.C. SIVAN, THERKOOTTAM HOUSE, SREEMOOLA NAGARAM P.O., ERNAKULAM. 7. N.K. KRISHNANKUTTY, NALADY THUNDIYIL HOUSE, KADAVANTHARA P.O., ELAMKULAM, KOCHI -20. 8. M.K. APPUKUTTAN, MALOTTITHARA HOUSE, EDAVANAKKAD P.O., VACHAKAL BUS STOP, ERNAKULAM. 9. P.K. VIJAYAN, PAPPALY HOUSE, MATTATHURKUNNU P.O. VASUPURAM, KODAKARA (VIA), THRISSUR DISTRICT. 10. M.R. SATHYAN, CHERUKUNNATH HOUSE, ASSERIKA P.O., PAYYANAM, THRISSUR DISTRICT. 11. K.K. DIVAKARAN, KALAPPATTIL HOUSE, ELINJIPRA P.O., SITHARA NAGAR, CHALAKUDY. BY SRI.P.RAVINDRAN, SENIOR ADVOCATE WP(C).No. 29141 of 2004(T) RESPONDENT(S): ------------------------- 1. LIFE INSURANCE CORPORATION OF INDIA, REP. BY ITS MANAGING DIRECTOR, YOGASHEMA BHAVAN, MUMBAI. 2. SENIOR DIVISIONAL MANAGER, LIC OF INDIA, ERNAKULAM, DIVISIONAL OFFICE, JEEVAN PRADESH, M.G.ROAD, ERNAKULAM, KOCHI – 11. R1 & R2 BY ADV. SRI.S.EASWARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 29141 of 2004(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER APPOINTING ONE OF THE PETITIONERS DATED NIL. EXT.P2: COPY OF THE ORDER DATED 30/08/1996. EXT.P3: COPY OF THE JUDGEMENT DATED 09/12/2003 IN W.A. NO. 1972/1999. EXT.P4: COPY OF THE REQUEST DATED 05/07/2004. EXT.P5: COPY OF THE REQUEST DATED 14/07/2004. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29141 of 2004-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2011. JUDGMENT The petitioners were appointed as Sub Staff in various offices under the first respondent Corporation as per order dated 7.5.1996. The main prayer in the writ petition is for a direction to the respondents to consider the petitioners for regular absorption as Sub Staff under the first respondent Corporation. 2. It is pointed out that the petitioners have been serving different spells on a temporary basis under different branches also. Earlier, they had approached this Court and as per Ext.P3 judgment, the Division Bench issued the following directions: “In the above circumstances, since they were worked and they were qualified and also considering their experience, we are of the view that if they apply for the future vacancies, their case also should be considered along with others irrespective of age bar as they have crossed the age bar while they were working in the establishment. In further selection they should also be allowed to compete with other provided their age bar should not be looked into considering their earlier experience and Ext.P3.” In the counter affidavit filed by the respondents, in para 23 it is stated that wpc 29141/2004 2 at present no recruitment has been made to the post of Sub Staff since 1993 and therefore the direction in Ext.P3 judgment as such is not violated and a situation has not arisen to comply with the directions also. 3. Learned counsel for the Corporation submitted that as the next recruitment is yet to take place, at this stage the claim for appointment cannot be considered and whenever a a recruitment is made, the petitioners' claim will be considered in terms of the directions issued in Ext.P3 judgment. The above submission is recorded and writ petition is closed. No costs. T.R. Ramachandran Nair, Judge.) kav/