Kerala High Court
General Insurance Department ... vs Union Of India on 24 May, 2013
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 23RD DAY OF OCTOBER 2014/1ST KARTHIKA, 1936
WP(C).No. 25731 of 2014 (N)
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PETITIONER(S):
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1. GENERAL INSURANCE DEPARTMENT OFFICERS' FEDERATION,
KERALA BRANCH, C/O. NATIONAL INSURANCE COMPANY,
DIVISIONAL OFFICE, URUMBATH BUILDING, R.S. ROAD,
ALUVA - 683 101
REPRESENTED BY ITS GENERAL SECRETARY P.V. SKARIA,
PUTHENPARAMBIL HOUSE, ASOKAPURAAM, ALUVA - 683 101.
2. P.C. JOHN,
DEVELOPMENT OFFICER (ADMINISTRATION),
NEW INDIA ASSURANCE COMPANY LIMITED, MICRO- OFFICE,
VARAPUZHA, ERNAKULAM 683 517.
3. JOSEPH K. JOSE,
DEVELOPMENT OFFICER (ADMINISTRATION),
NATIONAL INSURANCE COMPANY LIMITED,
KALADY BUSINESS CENTRE,
PUNNAKKATTIL SHOPPING COMPLEX, KALADY,
ERNAKULAM - 683 574.
4. P.T. KOSHY,
DEVELOPMENT OFFICER (MARKETING),
ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE,
V.V ARCADE, PULAMON JUNCTION, KOTTARAKKARA
KOLLAM - 691 531.
5. GEORGE JOSEPH
DEVELOPMENT OFFICER (ADMINISTRATION)
ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE
NEAR KSRTC BUS STATION, ANGAMALY - 683 572.
6. K.F JOSE,
DEVELOPMENT OFFICER (ADMINISTRATION)
UNITED INDIA INSURANCE COMPANY LIMITED
MICRO OFFICE IN CHARGE, AMBALLOOR, THRISSUR - 680 302.
BY ADV. SRI.GEORGE JACOB (JOSE)
RESPONDENT(S):
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1. UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
CENTRAL SECRETARIAT, NEW DELHI - 110 001.
2. THE NEW INDIA ASSURANCE COMPANY LIMITED,
REGISTERED AND HEAD OFFICE, 87, M.G. ROAD
FORT, MUMBAI - 400 001
REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR.
3. NATIONAL INSURANCE COMPANY LIMITED,
REGISTERED AND HEAD OFFICE, 3, MIDDLETON STREET
KOLKATA - 700 071
REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR.
4. ORIENTAL INSURANCE COMPANY LIMITED,
HEAD OFFICE, ORIENTAL HOUSE, A-25/27
ASAF ALI ROAD, NEW DELHI - 110 002
REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR.
5. UNITED INDIA INSURANCE COMPANY
LIMITED, REGISTERED AND HEAD OFFICE, 24
WHITES ROAD, CHENNAI -600 014
REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR.
6. THE CHAIRMAN,
GENERAL INSURANCE PUBLIC SECTOR ASSOCIATIO (GIPSA)
III FLOOR, JEEVAN VIHAR, SANSAD MARG
NEW DELHI - 110 011.
R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R3 & 5 BY ADV. SRI.P.K.MANOJ KUMAR,SC,NATIONAL INSURANCE CO.
LTD.
R2 & 4 BY ADV. SRI.P.K.MANOJKUMAR
R BY SMT.K.S.SANTHI
R BY SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSU
R BY SRI.A.A.ZIYAD RAHMAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25731 of 2014 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1-TRUE COPY OF THE REVISED PROMOTION POLICY FOR PROMOTION FOR
DEVELOPMENT OFFICER CADRE - CADRE OF SCALE I OFFICERS.
EXHIBIT-P2-TRUE COPY OF THE STATEMENT FILED BY RESPONDENTS 2 TO 5
COMPANIES IN W.P(C) 27472/2013.
EXHIBIT-P3-TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT COMPANY
DATED 24/05/2013.
EXHIBIT-P4-TRUE COPY OF THE RECORD OF NOTES IN THE MEETING HELD ON
26/06/2014 BY THE RESPONDENT COMPANIES.
EXHIBIT-P5-TRUE COPY OF THE PETITION DATED 11/08/2014 OF THE IST
PETITIONER ADDRESSED TO RESPONDENTS 2 TO 5
RESPONDENT(S)' EXHIBITS
------------------------: NIL
/TRUE COPY/ P.S. TO JUDGE.
A.M.SHAFFIQUE, J.
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W.P.(C)NO. 25731 OF 2014
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Dated this the 23rd day of October, 2014
JUDGMENT
Writ petition is filed by an authority, being the Federation of General Insurance Development Officers and a few of the Development Officers working in different General Insurance Companies, seeking for a direction to respondents 2 to 6 to take up for consideration the question of extension of the service benefit of assured one time cadre or grade promotion to Development Officers (Marketing and Administration) working in the service of the respondents Insurance Companies and for a declaration that they have an obligation to decide on the question of extension of assured one time Cadre/grade promotion to such officers.
2. It is inter alia contended that Development Officers (Marketing and Administration) classified as Class II posts and Assistants and Senior Assistants classified as class III posts in the W.P.(C) No.25731/2014 2 respondents 2 to 5 Insurance Companies are equivated categories of posts forming the feeder categories for promotion to Scale I posts, which is the lowest in the managerial cadre. Though the Assistants in class III have been given the benefit of one assured Grade Promotion, such benefit has not been extended to the Development Officers. Though the petitioners had submitted Ext.P5 petition to the Chairman and Managing Director of the four General Insurance Companies, who are respondents herein, so far no action had been taken in the matter. According to them, there is a discrimination in not providing the benefit claimed by them when it is given to certain other categories of employees.
3. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for respondents 2 to 5.
4. Having regard to the limited relief sought for, this is not a situation where this Court should adjudicate the case on the respective contentions urged by the learned counsel for the petitioners as well as the learned Standing Counsel for the W.P.(C) No.25731/2014 3 respondents. It will suffice, if a direction is given to the respondents authority to consider Ext.P5 and pass appropriate orders.
5. Learned Standing Counsel appearing for respondents 2 to 5 submits that since in some of the Insurance Companies post of the Chairman lies vacant, it will be appropriate to direct the General Manager (Personnel) to consider Ext.P5 petition.
6. In such circumstances, this writ petition is disposed of as under:
The General Manager (Personnel) of respondents 2 to 5 shall consider Ext.P5 and pass appropriate orders after taking into consideration the contentions of the petitioners. Necessary orders shall be passed within a period of four months from the date of receipt of a copy of this judgment. It is made clear that I have not expressed any opinion on the merits of the contentions.
Sd/-
A.M.SHAFFIQUE, Judge.
dpk /True copy/ PS to Judge.