All India Sc/St General v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH WRIT PETITION No.24981 of 2008 1.ALL INDIA SC/ST GENERAL INSURANCE EMPLOYEES WELFARE ASSOCIATION REP.BY ITS GENRAL SECRETARY MR.V.PONNUSAMY C/O. NATIONAL INSURANCE CO. LTD.
COIMBATORE.
...PETITIONER Vs 1.THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF ECONOMIC AFFAIRS INSURANCE DIVISION NEW DELHI - 1.
2.THE GENERAL INSURANCE CORPORATION OF INDIA REP. BY ITS CHAIRMAN NO.170-J TATA ROAD CHURCH GATE BOMBAY - 20.
3.THE CHAIRMAN-CUM-MANAGING DIRECTOR NEW INDIA ASSURANCE CO.LTD. NO.87 M.G. ROAD FORT. BOMBAY - 1.
4.THE CHAIRMAN-CUM-MANAGING DIRECTOR NATIONAL INSURANCE CO.LTD. NO.3 MIDDLETON STREET CULCUTTA - 1.
5.THE CHIARMAN-CUM-MANAGING DIRECTOR ORIENTAL INSURANCE CO. LTD.
NO.25/27 ASAF ALI ROAD NEW DELHI - 1.
6.THE CHAIRMAN-CUM-MANAGING DIRECTOR UNITED INDIA INSURANCE CO.LTD.
NO. 24 WHITES ROAD MADRAS - 14.
7.THE CHAIRMAN GENERAL INSURANCE (PUBLIC SECTOR) ASSOCIATION OF INDIA (GIPSA) JEEVAN VIHAR 3RD FLOOR PARLIAMENT STREET SANSAD MARG NEW DELHI - 1.
8.THE CHIARMAN NATIONAL COMMISSION OF SC LOK NAYAK BHAWAN 6TH FLOOR KHAN MARKET NEW DELH - 3.
9.THE CHAIRMAN NATIONAL COMMISSION FOR ST LOK NAYAK BHAWAN 5TH FLOOR KHAN MARKET NEW DELHI - 3.
...RESPONDENTS PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Declaration declaring the new promotion policy and the prescription of qualifying written examination as found in para 9.2 of the promotion policy 2006 of the 7th respondent for promotion from scale I to Scale V as illegal and void and for a direction to the respondetns 2-7 to declare the vacancies earmarked for SC/ST employees/officers before any selection is held for promotion among Scale I to Scale V officers and also to direct the respondents 2-7 to clear the all backlog vacancies in all cadres.
For Petitioner :
Mr.B.Vijayakumar For Respondents :
Mr.T.V.Krishnamachari - R1, R8 & R9 Mr.V.Perumal - R3 to R7 No appearance - R2
O R D E R
Heard Mr.B.Vijayakumar, learned counsel for the petitioner, Mr.T.V.Krishnamachari, learned counsel for R1, R8 and R9 and Mr.V.Perumal, learned counsel for R3 to R7. There is no appearance for R2.
2. The petitioner prays for a declaration declaring the new promotion policy and the prescription of qualifying written examination as found in para 9.2 of the promotion policy 2006 of the 7th respondent for promotion from Scale I to Scale V as illegal and void. A direction is also prayed for to respondents 2 to 7 to declare the vacancies earmarked for SC/ST employees/officers before any selection is held for promotion among Scale I to Scale V officers along with directions to clear all backlog vacancies in all cadres.
3. The prayer is wide and the learned counsel for the petitioner is not aware of whether the 2006 policy continues to
be the basis for promotion in Insurance Companies. That apart, no specific lacunae or discrepancy is pointed out in the policy itself. Thus, learned counsel for the petitioner would rest content with liberty for filing of a representation by the petitioner Association before the respondents/Insurance Companies putting forth specific grievances, if any, for redressal.
4. Such liberty as sought for is granted. Representation, if any, filed by the petitioner Assocaition may be considered by the respondnts after hearing the Association/Authorised Representatives and disposed as expeditiously as possible, in accordance with law and applicable Rules and Regulations.
5. With the aforesaid liberty, this Writ Petition is closed. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sl To 1.THE SECRETARY, GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF ECONOMIC AFFAIRS, INSURANCE DIVISION, NEW DELHI - 1.
2. THE CHAIRMAN, THE GENERAL INSURANCE, CORPORATION OF INDIA, NO.170-J, TATA ROAD, CHURCH GATE, BOMBAY - 20.
3.THE CHAIRMAN-CUM-MANAGING DIRECTOR, NEW INDIA ASSURANCE CO.LTD. NO.87, M.G.ROAD FORT. BOMBAY - 1.
4.THE CHAIRMAN-CUM-MANAGING DIRECTOR, NATIONAL INSURANCE CO.LTD. NO.3, MIDDLETON STREET, CULCUTTA - 1.
5.THE CHIARMAN-CUM-MANAGING DIRECTOR, ORIENTAL INSURANCE CO. LTD.
NO.25/27, ASAF ALI ROAD, NEW DELHI - 1.
6.THE CHAIRMAN-CUM-MANAGING DIRECTOR, UNITED INDIA INSURANCE CO.LTD.
NO.24, WHITES ROAD, MADRAS - 14.
7.THE CHAIRMAN, GENERAL INSURANCE (PUBLIC SECTOR), ASSOCIATION OF INDIA (GIPSA) JEEVAN VIHAR, 3RD FLOOR, PARLIAMENT STREET, SANSAD MARG, NEW DELHI - 1.
8.THE CHIARMAN, NATIONAL COMMISSION OF SC, LOK NAYAK BHAWAN, 6TH FLOOR, KHAN MARKET, NEW DELH - 3.
9.THE CHAIRMAN, NATIONAL COMMISSION FOR ST, LOK NAYAK BHAWAN, 5TH FLOOR, KHAN MARKET, NEW DELHI - 3.
+1cc to Mr.T.V.Krishnamachari, Advocate Sr No.43180 +1cc to Mr.B.Vijayakumar, Advocate Sr No.43353 +1cc to Mr.V.Perumal, Advocate Sr No.43225 WRIT PETITION No.24981 of 2008 PL (CO) PR (15/09/2021)