The New India Assurance Company Ltd., v. The State Level Scrutiny Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.13122 of 2022 The New India Assurance Company Ltd., Rep. by Chief Regional Manager, Madurai Regional Office, 2nd and 3rd Floor, CMTS Bhavan, BSNL Telephone Exchange, Ellis Nagar, 70 Feet Road, Madurai - 625 016.

... Petitioner Vs.

1.The State Level Scrutiny Committee, Rep. by its Chairman/Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

2.D.Jayakumar ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to dispose the Petitioner Company's representations dated 03.08.2018, 04.09.2019 and 24.11.2020 in terms of Order in W.P.(MD) No.10398 of 2006 dated 04.10.2007 pertaining to genuineness of the community certificate of the 2nd respondent within a reasonable time period to be determined by this Hon'ble Court. 1/5

For Petitioner : Mr.N.Dilip Kumar For 1st Respondent : Mr.N.Satheesh Kumar Additional Government Pleader ***

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 1st Respondent to dispose the petitioner's representations dated 03.08.2018, 04.09.2019 and 24.11.2020, pertaining to genuineness of the community certificate of the 2nd respondent within a time frame.

2.

Heard Mr.N.Dilip Kumar, learned counsel for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader for the first respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.

Having regard to the order proposed to be passed in this writ petition, notice to the second respondent is dispensed with.

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4.

The petitioner is a Public Sector General Insurance Company. The second respondent in the writ petition was recruited by the petitioner in 1988. The second respondent is now working as a Senior Assistant in Trichy. Pursuant to a complaint received from All India General Insurance Scheduled Caste Scheduled Tribes Employees Welfare Association (South Zone), Chennai in respect of fake community certificate of second respondent, it appears that his community certificate was sent for verification. Though the verification has to be done by the State Level Scrutiny Committee, the said Committee has not yet disposed of the matter and no order has been passed by them. Hence, the petitioner has approached this Court for a specific direction to the first respondent to dispose of the petitioner's representation. 5.

Learned Additional Government Pleader appearing for the first respondent on instructions submitted that enquiry is pending and the delay is on account of the failure of the District Level Vigilance Cell in submitting a report, which is required to be considered by the State Level Committee before passing appropriate orders. Learned Additional Government Pleader also states that the Committee will be in a position to dispose of the 3/5

matter finally after following all the formalities within a period of twelve weeks from today.

6.

Recording the above submissions of learned Additional Government Pleader appearing for the first respondent, this Court without going into the merits of the claim made by the petitioner in their representations, directs the first respondent to dispose of the representation of the petitioner dated 03.08.2018, pertaining to genuineness of the community certificate of the second respondent in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs. [S.S.S.R., J.] [S.S.Y., J.] 07.07.2022 Index : Yes / No sj To 1.The Chairman/Principal Secretary to Government, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

sj W.P(MD)No.13122 of 2022 07.07.2022 5/5