ARIJIT PASAYAT, P.SATHASIVAM
National Insurance Co. Ltd – Appellant
Versus
General Insurance Dev. Officers Asson. – Respondent
JUDGMENT:
Dr. ARIJIT PASAYAT, J. -- Leave granted.
2. These appeals are taken up alongwith Transfer Case (Civil) Nos.60-64/2004, 73/2004, 42/2005 and 47/2005.
3. In all these cases the basic issue is the legality of General Insurance (Rationalisation of Pay Scales and Other Conditions of Service of Development Staff) Amendment Scheme, 2003 (in short 2003 Scheme').
4. The present scheme purports to amend the earlier scheme framed under Section 17A of the General Insurance (Business Nationalization) Act, 1972 (in short the 'Act'). The principal scheme was framed in 1976 in exercise of powers under Section 16(1)(g) of the Act. The scheme was amended earlier in the years 1987, 1990 and 1996 and 2000. The principal scheme of 1976 was challenged but the challenge was turned down and legality of the scheme was upheld by this Court. Several writ petitions have been filed by Development Officers questioning legality of the scheme on the ground that there was unilateral change of service conditions of the Development Officers in Class II category. The declaration sought for in the writ petitions was that ad
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