Ch.Ajay Kumar v. The New India Assurance Co. Ltd., Represented By Its
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR W.P.No.3415 OF 2009 ORDER:
The present writ petition came to be filed seeking issuance of writ of Mandamus declaring the action of the 3rd respondent that the petitioner is ineligible to the post of A.A.O (D) (Assistant Administrative Officer (D) under Scale I with regard to the eligibility list as illegal and arbitrary.
The averments in the affidavit filed in support of the petition are that the respondents have evolved a scheme for promotion to the post of Assistant Administrative Officer (D) from the category of Development Officer, Grade I, which was evolved in the year 1980 and reiterated in the year 2008. As per the averments in the affidavit, the said promotional scheme categorically states that the vacancies will have to be declared on an annual basis, basing on the expansion of organization plans. It is submitted that though the petitioner rendered sufficient business by organizing policies and yet the posts of Assistant Administrative Officer (D) (Scale-I Officer) have not been notified, therefore, the petitioner was denied his promotion. It is stated that in pursuance of the Circular dated 07.01.
2009 for promotions in respect of vacancies for the year 2007-08, the petitioner applied for the said post and interviews were also completed from 23.02.2009 to25.02.2009 and declaration of results were scheduled on 28.02.2009. It is stated that the petitioner was declared ineligible on the ground that he has not completed the norms of Scheduled Premium Income (SPI) either within the preceding year or an average of three years culminating in 2007-08. It is stated that the petitioner was working as Development Officer, Grade I in Vijayawada Division, which is a B Class city, which is below 12 lakhs and that the Scheduled Premium Income procured during the year preceding the promotion was prescribed in Column Nos. 2and 3 as per Para 11(a) of Promotion Scheme.
roping in the Krishna District Milk Producers Mutually Aided Co-op Union Ltd., and a contract of cattle insurance has been entered into with the respondent. Though substantial premiums were being paid, the same was not taken into consideration. According to the petitioner, though he was given Grade I on 01.04.1980 and in spite of rendering sufficient business from 1979 the respondent authorities denying his request is improper. Therefore, the petitioner seeks a direction to consider his request for promotion without refusing eligibility list. A detailed counter came to be filed disputing the factual aspects.
In the counter affidavit, it is stated that a scheme known as 'Gopala Raksha', is operated for covering the members of various Societies of Krishna District Milk Producers Mutually Aided Co-operative Union Limited, and the said scheme was successfully implemented for the last 10 years due to the efforts of the Rural Insurance Department of the 4th respondent. Further, it is stated that since the beginning, the entire premium is booked in the direct code of the Divisional Office and a notional credit is given to the Development Officers at Machilipatnam and Gudiwada branches, at the Divisional Office-II, who are serving the clients in procurement of business during the year 2000-2001.
In the Counter, the respondents have categorically denied the allegation of the petitioner that he has procured the entire business pertaining to M/s Krishna District Milk Producers Mutually Aided Co-operative Union Limited and hence, he must be given 50% of such business, procured for the last three years.
It is to be noted that the issue involved in the present writ petition relates to the factual aspects particularly as to whether the business conducted by the petitioner is correctly taken or not as per the promotion policy notified by the respondents. The contention of the respondents is that the entire business is operated by the Rural Insurance Department and the entire premium is booked in the direct code of Divisional Office.
At this stage, learned counsel for the petitioner submits that a direction may be given to the respondents to consider the case of the petitioner afresh, by taking into consideration the business turn over done by him, duly following the promotional policy/scheme. Learned counsel for the respondents did not oppose for the same, but however stated that the 2nd respondent may consider the business turn over done by the petitioner in respect of M/s The Krishna District Milk Producers Mutually Aided Co-operative Union Limited, Vijayawada and that the petitioner may be directed to give a written explanation showing the business done by him.
Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the petitioner to submit his explanation with regard to the business turn over in respect of M/s The Krishna District Milk Producers Mutually Aided Co-operative Union Limited, Vijayawada for promotion to the post of AAO(D), in which event the respondents shall act in accordance with law as early as possible. There shall be no order as to costs.
Miscellaneous petitions pending in this writ petition, if any, shall stands closed.
_______________________________ JUSTICE C. PRAVEEN KUMAR 16.08.2017 kvrm