Kerala High Court
M.Suresh vs Union Of India on 21 August, 2014
Author: Dama Seshadri Naidu
Bench: Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 11TH DAY OF NOVEMBER 2014/20TH KARTHIKA, 1936
WP(C).No. 24515 of 2014 (L)
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PETITIONER(S):
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1. M.SURESH,
S/O. P.S.MAHADEVA IYER,
1C SRUTHILAYA, AC GOLD PHASE II,
ST. JAMES ROAD, VYTTILA, KOCHI-682 019.
2. SUDHA R. NAIR,
AGED 44 YEARS, W/O. RAMAKRISHNAN,
NALINAM, SWAMI ANANAD ROAD,
PETTA JN., POONITHURA P.O.,
PIN-682 038.
3. JOHN ISSAC,
AGED 47 YEARS, S/O. P.J.ISSAC,
55-B, MANAKKAPARAMBU ROAD,
EDAPPALLY P.O., KOCHI-24.
BY ADV. SRI.P.SATHISAN.
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY SECRETARY, DEPARTMENT OF FINANCE,
SECRETARIAT, NEW DELHI.
2. GENERAL INSURERS PUBLIC SECTOR ASSOCIATION OF INDIA
(IN SHORT GIPSA),
REPRESENTED BY ITS CHIEF EXECUTIVE,
JEEVAN VIHAR BUILDING, 3RD FLOOR, PARLIAMENT STREET,
GPO, DELHI-110 001.
3. ORIENTAL INSURANCE COMPANY LTD.,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER,
METRO PALACE, NORTH RAILWAY STATION, ERNAKULAM NORTH,
ERNAKULAM-682 018.
4. THE NEW INDIA ASSURANCE CO.LTD.,
REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR,
87, NEW INDIA ASSURANCE BUILDING,
OPPOSITE BANK OF BARODA, M.G. ROAD, FORT,
MUMBAI-400 001.
WP(C).No. 24515 of 2014 (L)
5. THE NEW INDIA ASSURANCE CO. LTD.,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER, 36/707,
KANDAMKULATHY TOWERS, OPP. COLLEGE GROUND,
M.G.ROAD, PB.NO. 1049,
ERNAKULAM, KOCHI-682 011.
6. NATIONAL INSURANCE COMPANY,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER,
FIRST AND SECOND FLOOR, OMANA BUILDINGS,
JEWS STREET, PADMA JUNCTION,
KOCHI, DIST: ERNAKULAM,
KERALA-682035.
7. UNITED INDIA INSURANCE COMPANY LIMITED,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER,
REGIONAL OFFICE, HOSPITAL ROAD, KOCHI,
KERALA-682 011.
BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R6-R7 BY SRI.P.K.MANOJ KUMAR,SC,NATIONAL INSURANCE CO.LTD.
R4 BY ADV. SRI.KKM.SHERIF
R4 BY ADV. SRI.A.A.ZIYAD RAHMAN
R4 BY ADV. SRI.LAL K.JOSEPH
BY SRI.P.K.MANOJKUMAR, SC, UNITED INDIA INSU.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-11-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RVS.
WP(C).No. 24515 of 2014 (L)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1- TRUE COPY OF THE RELEVANT PORTION OF PROMOTION
POLICY FOR SUPERVISORY, CLERICAL AND SUB-
ORDINATE STAFF, 2008.
EXHIBIT P2-SERIES- TRUE COPY OF THE QUALIFICATION CERTIFICATES OF
PETITIONERS.
EXHIBIT P3- TRUE COPY OF THE CIRCULAR DATED 21-08-2014.
EXHIBIT P4- TRUE COPY OF THE ADDENDUM ISSUED BY RESPONDENTS
4 AND 5 WITH SELF-SERVING CHANGES.
EXHIBIT P5- TRUE COPY OF THE ADDENDUM ISSUED BY 3RD
RESPONDENT.
EXHIBIT P6- TRUE COPY OF THE RELEVANT EXTRACT OF THE
AWARDING OF MARKS AND OTHER ENTRIES DISPLAYED IN
THE PRELIMINARY LIST.
EXHIBIT P7- TRUE COPY OF THE EMAIL DATED 12-09-2014.
EXHIBIT P8- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS AND OTHERS BEFORE THE CHAIRMAN CUM
MANAGING DIRECTOR OF THE COMPANY.
EXHIBIT P9- TRUE COPY OF THE RELEVANT BROCHURE AS OF THE
STATUS OF ANNAMALAI UNIVERSITY.
EXHIBIT P10- TRUE COPY OF THE LISTS SHOWING GRANTING 15 MARKS
TO THE EMPLOYEES HOLDING MBA OF BHOPAL REGION OF
THE 4TH RESPONDENT.
EXHIBIT P11- TRUE COPY OF THE LISTS GRANTING 15 MARKS TO THE
EMPLOYEES HOLDING MBA OF HYDERABAD REGION OF THE
4TH RESPONDENT.
RESPONDENT(S)' EXHIBITS :
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NIL.
/TRUE COPY/
P.A.TO JUDGE
RVS.
Dama Seshadri Naidu, J.
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W.P.(C)No.24515 of 2014 L
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Dated this the 11th day of November, 2014
JUDGMENT
Heard the learned counsel for the petitioners and the learned Standing Counsel for respondents 3 to 7, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.
2. Briefly stated, the petitioner, a Senior Manager working under respondents 4 and 5, has aspired to be promoted as Administrative Officer. In terms of the promotion policy, if a person in the feeder category possesses MBA, he shall be given fifteen additional marks at the time of considering his candidature for promotion. In the present instance, initially the petitioners were given fifteen additional marks since all of them possessed MBA WPC 24515/14 2 qualification obtained from Annamalai University. Accordingly, their names were included in the rank list duly reflecting against their names the marks given to them, including the marks for possessing MBA. Later, at the time when the petitioners faced the written test, respondents 4 and 5 deducted the said fifteen marks from the total marks of each petitioner, thus pushing them below in the rank. Aggrieved thereby, the petitioners have approached this Court by filing the present writ petition.
3. The learned Standing Counsel for respondents 4 and 5 have initially filed a counter affidavit disputing the claim of the petitioners. Today, when the matter is taken up for further consideration, the learned Standing Counsel, on instructions, has submitted that the respondents having reconsidered the issue have eventually decided to add once again the fifteen marks for the qualification which the petitioners possessed. Thus, it can be seen that the grievance of the petitioners stands squarely answered. WPC 24515/14 3
4. Before parting with the matter, this Court desires to place on record a word of appreciation on the attitude of respondents 4 and 5 and also that of the learned Standing Counsel on their behalf in ensuring an amicable settlement of the issue instead of fighting on technicalities. More particularly a change in the stand after filing the counter affidavit to ensure that there is no needless discrimination of the employees in the feeder category based on their source of qualification needs to be commended.
Accordingly, having felt that there is no issue to be adjudicated, this Court disposes of the writ petition in terms of the submissions made by the learned Standing Counsel for respondents 4 and 5.
Dama Seshadri Naidu, Judge tkv