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2023 Supreme(AP) 351

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI, J.
S.S. Gowri W/o S. Gopal Rao – Petitioner
Versus
United India Insurance Company Limited – Respondent
W.P. No. 32835 of 2013, W.P. No. 10364 of 2018, W.P. No. 16942 of 2020
Decided On : 02-03-2023

Advocates:
Advocate Appeared:
For the Petitioner: G.V.V.S.R. Subrhamanyam.
For the Respondent: V. Uma Devi.

Headnote:

Constitution of India, 1950 - Article 226 - Service Matter - Promotion - Declaring the inaction of the respondents in promoting the petitioner from Assistant to the cadre of Senior Assistant, despite eligible for promotion and having requisite educational and technical qualification and excellent work record for the last 26 years - Held, In view of above and considering contentions of both learned counsel, respondents authorities shall direct petitioner to file an affidavit in FORM-2B and upon such filing of affidavit, same shall be referred to Verification Committee through FORM-1B - Respondent authorities are at liberty to issue notice calling upon petitioner to file affidavit - Once notice issued, petitioner shall submit affidavit in FORM-2B within a period of two (2) weeks from date of receipt of notice and thereafter respondent authorities shall refer same to Verification Committee in FORM-1B. Since no disciplinary proceedings, so far, are initiated against petitioner, respondents shall consider case of petitioner regarding her prospects in employment, if petitioner is otherwise eligible and satisfy all conditions, including promotion within a period of six (6) weeks, strictly in accordance with law - Writ petitions disposed of.

ORDER :

1. Writ Petition No. 32835 of 2013 is filed under Article 226 of the Constitution of India seeking the following relief:

    “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notices dated 16.07.2013 and 24.10.2013 issued by the respondent as being arbitrary, illegal, unconstitutional and violative of principles of natural justice and consequently set aside the same and pass such order or other orders as the Court may deem fit and proper in the circumstances of the case.”

2. Writ Petition No. 10364 of 2018 is filed under Article 226 of the Constitution of India seeking the following relief:

    “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in promoting the petitioner from Assistant to the cadre of Senior Assistant, despite eligible for promotion and having requisite educational and technical qualification and excellent work record for the last 26 years, more so in spite of submitting application dated 31.12.2015 and representation dated 08.11.2017 seeking promotion, so also, the action of the respondent Nos. 3 and 4 in withholding my increments including stagnation increments since April, 2011, as illegal, arbitrary, high handed, discriminatory and void being in derogation of Articles 14, 16 and 21 of the Constitution of India, so also, the Promotion Policy for Supervisory, Clerical and Subordinate Staff, 2008 and consequently direct the respondents to promote the petitioner to the cadre of Senior Assistant with all the emoluments and service benefits, including the revised pay scale and seniority, to which the petitioner is entitled on par with similarly suited employees and pass such other order or orders as the Court may deem fit and proper in the circumstances of the case.”

3. Writ Petition No. 16942 of 2020 is filed under Article 226 of the Constitution of India seeking the following relief:

    “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the repeated inaction of the respondents in promoting the petitioner to the post of Senior Assistant, despite undertaking the promotion exercise, time and again to the post of Senior Assistant and corollary inaction of respondents in promoting the petitioner to the post of Senior Assistant, in furtherance of the promotion notification vide Ref. No. HRO:HRM:CIR:694:2019, dated 02.12.2019 issued by respondent No. 2, despite eligibility of petitioner and submission of application dated 16.12.2019, so also, the concomitant action of the respondents in promoting the employees who are juniors t the petitioner to the post of Senior Assistant while ignoring the petitioner, as illegal, arbitrary, high handed discriminatory, tainted with malice and void, being in derogation of Articles of 14, 16 and 21 of the Constitution of India, so also, the Promotion Policy for Supervisory, Clerical and Subordinate Staff, 2008 and consequently direct the respondents to promote the petitioner to the cadre of Senior Assistant with all the emoluments and service benefits, including the revised pay scale and seniority, to which the petitioner is entitled on par with similarly suited employees; and pass such other order or orders as the Court may deem fit and proper in the circumstances of the case.”

4. The case of the petitioner, in brief, is that petitioner initially appointed as Assistant in the National Insurance Corporation Rajnandgaon, Bhilai, Durg under ST category on 01.04.1992. Petitioner was transferred from National Insurance Company, Bhilai, Durg District to United India Insurance Company, Gajuwaka Branch, Visakhpatnam through proceedings Ref: Personnel: VS:305 of Assistant General manager, General Insurance Corporation of India dated 24.11.1995. The Regional Manager, National Insurance Company by proceedings dated 03.01.1996 confirmed the transfer of the petitioner to Visakhapatnam. Pursuant to the said proceedi

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