United India Insurance Officers (Given Up) v. United India Insurance
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE T.VINOD KUMAR and W.M.P.Nos.4803 to 4806 of 2019 1.United India Insurance Officers Association Regn.No.1961/MDS Rep. by its General Secretary United India Insurance Co.Ltd., 24, Whites Road, Chennai - 600 014.
(P1 given up vide order dated 14.02.2019, made in W.P.No.4264 of 2019 by SMSJ).
2.V.Mohan Kumar 3.V.Ganesh .. Petitioners vs 1.United India Insurance Company Limited Rep. by its Chairman Cum Managing Director Regd and Head Office, 24, Whites Road, Chennai - 600 014.
2.The Director and General Manager (HR) United India Insurance Company Limited Regd and Head Office, 24, Whites Road, Chennai - 600 014.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records 1/6
from the 2nd respondent circular dated 04.01.2019 bearing Ref: HO:HR:PE 2019-2020: 03:2019, read with dt. 16.04.2018, bearing Ref:HO:HRM:CIR:39:2018 and dt.
02.01.2019 bearing Ref.HO::HRM:CIR:02:2018 and the consequential notice dated 09.01.2019 bearing Ref:HO:HRM:PE 2019-20; CIR:5:2019 issued by the 2nd respondent relating to the promotion from Scale III to Scale IV and Scale IV to Scale V in the Fast Track channel in sofar as it restricts the eligible candidates from applying on the ground that their name is beyond sl.No.
640 and 235 in Scale III and Scale IV posts even though they belong to the same batch or selected on same date and quash the same to the extent it applies ratio for consideration even to the vacancies/posts ear marked for Fast Track Channel as illegal, arbitrary, without jurisdiction violative of Article 14 and 16 of the Constitution of India and to consequently direct the respondents to consider the petitioners and its members for promotion to the vacancies/posts earmarked for Fast Track channel for the promotion Exercise 2019-20 within Class I officers including the vacancies notified under the impugned Notice within a time frame fixed by this Court. For Petitioners : Mr.K.Srinivasamurthy For Respondents : Mr.S.
O R D E R
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Heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the materials available on record carefully. 2.This writ petition is filed to call for the records of the 2nd respondent relating to promotion from Scale III to Scale IV and and Scale IV to Scale V in the Fast Track channel in so far as it restricts the eligible candidates from applying on the ground that their name is beyond Sl.No.640 and 235 in Scale III and Scale IV posts respectively even though they belong to the same batch or selected on same date.
3. Counter affidavit of the first respondent is filed. The first respondent by the counter affidavit in Paragraph Nos.9 and 10 had stated that the 2nd and 3rd petitioners, though participated in the pre-promotional qualifying examination, conducted on 16.09.2019, did not get minimum pass mark for qualifying in the fast-track examination. The said specific assertion made by the first respondent in its counter affidavit reads as follows: "9. I submit that pursuant to the order of this Hon'ble Court, the respondents herein had issued hall tickets to the second and third petitioners to enable them to appear in the examinations and accordingly, both of them participated in the pre-promotional qualifying examination conducted on 16.01.2019. The details of the marks secured by the second and third petitioners are as follows:
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Name:
Roll No:
Marks Secured:
1. V.Mohan Kumar 1544701222 47.68
2. V.Ganesh 1544701221 49.35
10. I respectfully submit that the minimum pass mark for qualifying in the fast-track examination is 60. As seen from above, both the second and third petitioners have scored less than 60. Hence, it is submitted that they are not qualified in the fast-track channel. In view of the same, it is respectfully submitted that nothing survives as prayed for in the present Writ Petition."
4. Learned counsel appearing for the petitioners fairly submits that in view of the specific assertion made by the first respondent that petitioners 2 and 3 having not qualified in the pre-promotional qualifying examination, this Court may record the aforesaid submission made by first respondent and close the writ petition.
5. Taking note of the fact that the first respondent in its counter affidavit having categorically stated that the petitioners having not qualified in the pre-promotional qualification examination conducted on 16.01.2019, 4/6
the petitioners 2 and 3 as a matter of right, cannot seek for being promoted to the next level.
6. In view of the above, there is no merit in the present writ petition and therefore, the writ petition is dismissed as devoid of merits. No costs. Consequently connected miscellaneous petitions are closed. 15.09.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No msv To 1.The Chairman Cum Managing Director United India Insurance Company Limited Regd and Head Office, 24, Whites Road, Chennai - 600 014.
2.The Director and General Manager (HR) United India Insurance Company Limited Regd and Head Office, 24, Whites Road, Chennai - 600 014.
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T. VINOD KUMAR , J.
msv and W.M.P.Nos.4803 to 4806 of 2019 15.09.2025 6/6