Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for parties and perused the pleadings of writ petition.
It appears from Annexure-1 to the writ petition that petitioner's services as a Probationary Field Officer with Life Insurance Corporation of India were terminated only on the ground that he could not bring minimum amount of business during a period of one year. Learned counsel brought to our notice the condition relating to minimum amount of business required to be brought during the first year of probation as under:
"3. Probationary Development Officers who have failed to achieve either 100 lives or 15 agents or 3 lacs SFYPI during the probationary period are to be terminated with immediate effect.
Needless to add that while deciding the confirmation/ extension/termination of Probationary Development Officers at your end, all other guidelines given by Central Office vide Mktg/ZD/9/2007 dated 27.04.2007 (especially point (i) of 03 page-32) and by Zonal Office vide letter ref: Mktg/Desk-II dated 24.11.2009 should strictly be adhered to.
Kindly take appropriate and timely decision at your end and intimate us the number of Probationary Development Officers confirmed/given extension in probationary period/terminated in the Performa given below along with copy of letters issued to above PDOs for confirmation/extension of probationary period/termination."
Learned counsel referred to the chart containing the amount of business brought by the petitioner to the department. It was to the tune of Rs.11,78,879/- with 17 agents and 3 productive agents.
Learned counsel also referred to a judgment of Hon'ble the Apex Court passed in Civil Appeal No.1965 of 2000 (V.P. Ahuja vs. State of Punjab and others) which, according to learned counsel, would cover the case of petitioner.
On the other hand, Shri P.K. Khare, learned counsel for LIC, contends that as per instructions received by him, the petitioner could not bring the requisite amount of minimum business, however, the assertion is not based on any official record. He only referred to a letter issued by the LIC dated 10.02.2010. At the end, he prays for and is granted 2 weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within 2 weeks thereafter.
Prima facie, there is a case in favour of the petitioner, hence, we grant the stay of impugned order till the next date of listing.
List after 4 weeks.
Order Date :- 22.12.2010 A. Katiyar