Allahabad High Court Stays Kanpur Civic Body’s Order Requisitioning LIC Employees for Census 2027 Duties

By Rajesh Pandey

In a significant interim relief, the Allahabad High Court has stayed the operation of a May 5, 2026 order issued by the Kanpur Nagar Nigam that requisitioned employees of the Life Insurance Corporation of India (LIC) for duties related to the upcoming Census 2027.

The court observed that the directive appeared to exceed the legal authority granted under the Census Act, 1948.

The order was passed while hearing a special appeal filed by the North Central Zone Insurance Employees Federation.

A Division Bench comprising Justice Salil Kumar Rai and Justice Swarupama Chaturvedi examined the provisions of Section 7(c) of the Census Act, 1948 and made a prima facie observation that the law permits the State Government or its authorised officers to seek assistance from employees of establishments, firms, or factories only for census-related work within the premises of those establishments.

The Bench noted that the statutory provision does not authorize authorities to deploy such employees for census activities outside their workplace.

Referring to the impugned order, the court observed that the requisitioning of LIC employees for duties beyond the premises of the corporation appeared to fall outside the scope of Section 7(c) of the Act.

Consequently, the court found prima facie merit in the contention that the May 5 order was not in conformity with the legal framework governing census operations.

The special appeal challenged an earlier decision delivered on May 29, 2026, by a Single Judge of the High Court.

The Single Judge had dismissed the writ petition filed by the employees’ federation on the ground that the association had not specifically challenged the order through which LIC employees had been assigned census duties.

Dissatisfied with that ruling, the federation approached the Division Bench seeking relief.

During the hearing, counsel for the petitioner federation, Advocate Vikrant Pandey, argued that LIC employees do not fall within the category of personnel who can be requisitioned in the manner contemplated by the authorities.

He maintained that the civic body’s order lacked legal backing and was therefore liable to be set aside.

Opposing the plea, Additional Solicitor General of India Shashi Prakash Singh, appearing on behalf of the Union Government, and Chief Standing Counsel Manoj Kumar Singh, representing the State of Uttar Pradesh, urged the court not to grant interim relief.

They contended that census operations are of immense national significance and any judicial interference at this stage could affect preparations for the nationwide exercise. Advocate Ashish Mishra represented LIC during the proceedings.

The High Court, however, was not persuaded by these submissions. The Bench emphasized that the legality of a governmental order cannot be justified solely based on the importance of its objective.

The court observed that every administrative action must also satisfy the statutory requirements prescribed by law.

Since the court had already found prima facie legal infirmities in the order, it held that the argument regarding the national importance of the census could not, by itself, validate the impugned directive.

After considering the rival submissions, the Bench further observed that the Zonal Officer of Zone-1, Kanpur Nagar Nigam, appeared to lack the jurisdiction required to requisition LIC employees under the provisions of the Census Act, 1948.

The court also noted that the order was inconsistent with an earlier Division Bench judgment delivered by the Allahabad High Court on March 4, 2011, in Civil Miscellaneous Writ Petition No. 28736 of 2010, which had addressed similar legal issues.

Finding that the matter involved substantial questions requiring detailed examination, the court held that the appeal deserved a full-fledged hearing.

It accordingly directed that the case be listed before the appropriate Bench on July 6, 2026, for final consideration.

In the meantime, the parties have been directed to exchange their respective affidavits and complete the pleadings.

As an interim measure, the High Court ordered that the operation and implementation of the May 5, 2026 directive issued by the Zonal Officer-cum-Charge Officer of Kanpur Nagar Nigam shall remain suspended until July 6, 2026.

The stay order, passed on June 8, provides temporary relief to LIC employees while the court undertakes a detailed examination of the legality and validity of the requisition order.