Allahabad High Court
PRAMOD KUMAR TIWARIversusSENIOR DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE GOURIGANJ BHELUPUR
- Decided
Holding
Since the petitioner has not challenged the Branch Manager’s order of 18‑08‑2023, the writ petition is not maintainable, though the pending representation must be disposed of within two months.
Summary
The petitioner, a former LIC agent, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondent to pay his agent gratuity for service from 27‑01‑1987 to 23‑03‑2006. The respondent contended that the petitioner’s claim had already been rejected by an order of the Branch Manager dated 18‑08‑2023, which the petitioner had not challenged, rendering the petition non‑maintainable. The petitioner argued that he had made a representation to the Senior Divisional Manager on 08‑04‑2024, which remained pending. The Court held that, in the absence of any challenge to the 18‑08‑2023 order, the writ petition could not be entertained, but directed that the pending representation be disposed of by the Senior Divisional Manager within two months. Consequently, the petition was disposed of.
Issues considered
- The petitioner's entitlement to agent gratuity and the appropriateness of mandamus under Article 226.
- Whether the writ petition is maintainable in the absence of a challenge to the Branch Manager’s order dated 18‑08‑2023.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- Writ petition
- Article 226
- Mandamus
- Agent gratuity
- Life Insurance Corporation
- Maintainability
- Administrative order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15429 of 2026
Pramod Kumar Tiwari
.....Petitioner(s)
Versus
Senior Divisional Manager Life Insurance
Corporation Of India Divisional Office Gouriganj
Bhelupur And Another .....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Pandey, Shyamdhar
Pandey
Counsel for Respondent(s) : Siddharth Singhal, Vinod Kumar
Chandel
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Ashish Kumar Pandey, learned counsel for the petitioner and
Sri Vinod Kumar Chandel, learned counsel for the respondents.
2. By means of this petition filed under Article 226 of the Constitution of
India, the petitioner has prayed for following relief:
"Issue a writ, order or direction in the nature of mandamus directing the respondent
to pay Agent gratuity of the petitioner who have worked as Agent code No.2984297 in
Branch Office Mirzapur Life Insurance Corporation of India from 27.01.1987 till
23.03.2006."
3. Sri Chandel on the contrary submits that earlier claim of the petitioner
has already been rejected by order of the Branch Manager dated
18.08.2023, which has not been challenged in this petition and hence
petition is not maintainable.
4. Learned counsel for the petitioner upon a pointed query being submits
that he has already represented the matter to the higher authority namely
Senior Divisional Manager of the Life Insurance Corporation on
08.04.2024 but the same has remained un-disposed of till date.
5. In the given facts and circumstances, we decline to grant indulgence in
the matter in the absence of any challenge to the order dated 18.08.2023,
WRIC No. 15429 of 2026
2
we still provide that the pending application/representation of the
petitioner dated 08.04.024 may be disposed of by the competent Senior
Divisional Manager within a period of two months from the date of
certified copy of this order.
6. With these observations and directions, this petition stands disposed of.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
April 23, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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