The Life Insurance Corporation Of India v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN The Life Insurance Corporation of India, Rep. by the Regional Manager (Legal & HPF), Zonal Office, Anna Salai, Chennai - 600 002.
.. Petitioner Vs.
1.Government of Tamil Nadu, rep. by the Chairman, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Deputy Secretary to Government, O/o. State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representations dated 07.03.2022, 20.06.2022, 13.09.2022, 05.12.2022 and 22.02.2023 and verify the Community Certificate Status in respect of the petitioner's employees in accordance with Article 16(4) of the Constitution of India 1/7
and inform the community status, within a time frame fixed by this Court.
For Petitioner : Mr.C.K.Chandrasekkar For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition for a direction to the respondents to consider the petitioner's representations and verify the Community Certificate status in respect of its employees in accordance with Article 16(4) of the Constitution of India and inform the community status, within the time frame fixed by this Court. 2.The petitioner is a Public Sector Undertaking and follows the principles of reservation policy in appointing its employees. According to the petitioner, number of persons were appointed under Scheduled Caste (SC) / Scheduled Tribe (ST) quota vacancies. Subsequently, a doubt has arisen with regard to genuineness of the community certificates produced by the employees. Hence, the petitioner has referred the certificates produced by the employees to the concerned District Collectors, District Vigilance Committee and State Level Scrutiny Committee. The grievance 2/7
of the petitioner is that the said certificates were not verified within a reasonable time and in view of the same, genuine SC / ST candidates are denied their right of appointment. The petitioner has given a list of matters pending before the District Collectors / District Vigilance Committee / State Level Scrutiny Committee in the additional typed set of papers and the same is as follows:
LIFE INSURANCE CORPORATION OF INDIA RETIRED OR SOON TO BE RETIRED CASES Sl.
No Name District Present Stage V.Kumar Kancheepuram Vigilance Cell report received to be placed before SLSC E.Sadasivam Salem Addressee not found P.Suseela Madurai No such file is pending in section R.Selvaraj Madurai Vigilance Cell report Received N.Krishnan Madurai Vigilance Cell report Awaited V.Ganesamoorthy Tuticorin Proceedings issued T.Padmanabhan Tirunelveli No such file is pending is section T.P.Baskaran Tirunelveli Proceedings issued G.Vijayanirmala Madurai Vigilance Cell report Received to be placed before SLSC L.Krishnan Erode Vigilance Cell report Awaited K.C.Ganesan Kancheepuram Further report called for S.Jagadeesan Krishnagiri No such file is pending in section D.Loganathan Krishnagiri Proceedings under submission K.Manoharan Trichy Vigilance Cell report awaited M.Santharam Dindigul No such file is pending in section 3/7
M.Murugan Madurai Vigilance Cell report Received to be placed before SLSC noncooperation M.Mallika Madurai Vigilance Cell report awaited ALL THE OTHER CASES S.
No Name District Present Stage C.Vijaya Madurai No such file is pending in section J.Alagesan Salem No such file is pending in section N.Madhavi Chennai Vigilance Cell report received to be placed before the SLSC enquiry Vanitha Madurai Vigilance Cell report awaited G.Muthuselvan Namakkal Vigilance Cell report awaited P.Pushpalatha Madurai No such file is pending in section S.Kasthuriram Dindigual Vigilance Cell report awaited P.Selvarajan Madurai No such file is pending in section A.Subramanian Tirunelveli No such file is pending in section S.Annadurai Madurai Vigilance Cell report to placed before the SLSC committee P.Mahendran Madurai No such file is pending in section R.K.Saravanan Salem Community Certificate awaited S.Geetha Salem Vigilance Cell report awaited A.Vijeya Nambiraj Tirunelveli Vigilance Cell report awaited S.
Youvarani Thiruvarur Vigilance Cell report awaited 3.The learned Special Government Pleader appearing for the respondents submitted that in some of the cases, vigilance enquiry was completed and it was placed before the State Level Scrutiny Committee for enquiry.
some of the cases are pending before the District Collector and they will take steps to call for the file and verify the genuineness of the community certificate and initiate proceedings as expeditiously as possible. 4.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents and perused the entire materials on record.
5.Considering the above submissions and a reading of the list produced by the learned counsel appearing for the petitioner, it is seen that references made by the petitioner from 1992 is pending before the District Collectors / District Vigilance Committee / State Level Scrutiny Committee for verification, without being any order passed by the Committee. The respondents are legally bound to verify the genuineness of the certificates referred to and pass orders within a reasonable time with regard to status of the community certificate. 6.In view of the submission of the learned Special Government Pleader, the respondents are directed to complete the enquiry on the report received from the Vigilance Cell and pass orders within a period of four weeks from the date of receipt of a copy of this order. The 5/7
respondents are also directed to call for the report from the Vigilance Cell where the reports are pending before the Vigilance Cell and to call for the files from the concerned District Collectors and take appropriate proceedings as expeditiously as possible, within six months from the date of receipt of a copy of this order.
7.With the above directions, the Writ Petition is disposed of. No costs.
(V.M.V., J) (V.L.N., J) 17.04.2023 krk Index : Yes / No Internet : Yes / No To 1.Government of Tamil Nadu, rep. by the Chairman, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Deputy Secretary to Government, O/o. State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
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V.M.VELUMANI, J.
and V.LAKSHMINARAYANAN, J.
krk 17.04.2023 7/7