1.Learned advocate for the petitioner has contended that two identically situated L.I.C. agents like the present petitioner and one Ms. Pushpaben Rasiklal Savjiani were visited with impugned orders of terminating the agency and forfeiture of commissioning based upon the past business. Both these petitioners had filed petitions on earlier occasion being S.C.A. No. 6784 of 2004 and S.C.A. No. 4619 of 2005. These petitions are disposed of vide common oral order dated 19.02.2010 by this Court (Coram: K.S.Jhaveri, J.) and the appellate authority was to hear the petitioners afresh. Accordingly the appellate authority heard and passed an order on 09.04.2010, which is impugned in this HC-NIC Page 1 of 3 Created On Fri Jan 12 23:03:49 IST 2018 SCA/6989/2011 2/3 ORDER petition. The said Ms. Pushpaben Rasiklal Savjiani also filed one petition being S.C.A. No. 12941 of 2010, wherein this Court (Coram: Ravi.R.Tripathi,J.) passed an order as under:
"3.Hence the matter requires consideration. RULE. At the request of the learned advocate Mr. Clerk for the Corporation the matter is ordered to be placed for final hearing in the month of April 2011. The learned advocate for respondents waives service of rule on behalf of the respondent-Corporation.
4.Taking into consideration the fact that the petitioner is a widow and by termination of her agency and forfeiture of renewal commission she is subjected to economic-death penalty, it is deemed fit that the respondent-Corporation be directed to calculate the interest at the rate of 6% per annum on the amount payable to her towards renewal commission, which amounts to Rs.13,93,221/-(Rupees thirteen lac ninety three thousand two hundred and twenty one only) as per the say of the petitioner. The respondent-Corporation is directed to pay the said amount of interest to the petitioner to enable her to maintain herself. The amount be transferred quarterly to the Bank account of the petitioner, details of which be furnished to the respondent-Corporation by Registered Post A.D. letter immediately."
2. Learned advocate Shri Govindan for the respondents submitted that the order in that application is filed on the basis of sympathetic ground, as the widow is left with no other means to survive. This cannot be equated, however, he cannot object to passing such similar order, as the question of fraud is against both and yet in one matter the order is passed.
3. Hence, Rule.
4.The respondent-corporation is hereby directed to calculate the interest @ 6% per annum on the amount payable to the petitioner towards HC-NIC Page 2 of 3 Created On Fri Jan 12 23:03:49 IST 2018 SCA/6989/2011 3/3 ORDER renewal commission and whatever may be the amount determined, the same shall be paid to the petitioner so as to enable her to maintain herself and the amount be transferred quarterly to the Bank Account of the petitioner and account details be furnished by the petitioner to the corporation. The working out of the interest amount being intimated to the petitioner within 15 days from today and thereafter the same shall be paid as stated hereinabove.
(S.R.BRAHMBHATT, J.) Pankaj HC-NIC Page 3 of 3 Created On Fri Jan 12 23:03:49 IST 2018