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2022 Supreme(Mad) 1060
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Life Insurance Corporation of India, Rep. by its Zonal Manager - Petitioner
Versus
The National Commission for Scheduled Caste, rep. by its Director & Ors. - Respondents
W.P. No. 27385 of 2018 and W.M.P. No. 31891 of 2018
Decided On : 28-10-2022
For the Petitioner: Mr. C.K. Chandrasekkar.
For the Respondent: Mr. T.K. Thirumalaisamy, Central Government Standing Counsel, Mr. G. Alex Bengigar.
The National Commission for Scheduled Castes, under Article 338(8) of the Constitution of India, does not have the authority to issue directions regarding promotion and posting of employees, as it infringes on the administrative powers of the employer.
Headnote:
Writ Petition - Jurisdiction of National Commission for Scheduled Castes - Article 338 of the Constitution of India - 338(8)
Fact of the Case:
The petitioner, Life Insurance Corporation of India, challenged the order of the National Commission for Scheduled Castes directing the promotion and posting of the 2nd respondent, a Scheduled Caste employee, within Chennai itself. The petitioner contended that the Commission had no jurisdiction to issue such directions, as it interfered with the administrative prerogative of the Corporation.
Finding of the Court:
The Court held that the National Commission for Scheduled Castes, while empowered to investigate and inquire into matters, cannot issue directions regarding promotion and posting of employees, as it infringes on the administrative powers of the employer. The Court also referred to a previous judgment emphasizing that the Commission lacks the authority to issue such orders.
Issues: Jurisdiction of the National Commission for Scheduled Castes under Article 338(8) of the Constitution of India and the validity of the directions issued by the Commission.
Ratio Decidendi: The National Commission for Scheduled Castes, while empowered to investigate and inquire into matters, cannot issue directions regarding promotion and posting of employees, as it infringes on the administrative powers of the employer. The Commission lacks the authority to issue such orders.
Final Decision: The orders made by the National Commission for Scheduled Castes directing the promotion and posting of the 2nd respondent are quashed, and the writ petition stands allowed.
ORDER :
Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order made in Case No.13, File No.9/8/2017 Rep.CGU dated 26.07.2018 and as communicated by letter No.9/8/2017 Rep.CGU dated 03.09.2018 by the 1st respondent Commission and quash the same as being illegal, perverse, arbitrary and unjust.
The minutes of hearing held on 26.07.2018 before the National Commission for Scheduled Castes at Chennai, which was communicated through letter dated 3rd September 2018 is under challenge in the present writ petition.
2. The writ petitioner is Life Insurance Corporation of India. The petitioner states that the 2nd respondent employee is working as Assistant in the petitioner-Life Insurance Corporation of India. The 2nd respondent / Ms. P. Vennila was appointed at Chennai Divisional Office II on compassionate grounds due to the demise of her Mother Mrs. K. Sarbala. The 2nd respondent was posted at City Branch Office-XI, Chennai Divisional Office II. She has studied M.Sc., (Bioinformatics) and she had two elder sisters and got married and her younger brother was studying B.E., course during the relevant point of time. The appointment of the 2nd respondent was confirmed on 01.01.2011. On 30.10.2014, she had made a request for transfer. Her request for transfer was considered and from 09.11.2017, she was working at City Branch Office – 28.
3. The second respondent belongs to Scheduled Caste Community. The petitioner issued a Notification dated 12.01.2017 for promotion to the cadre of Higher Grade Assistant. In the Notification, it was clearly stated that the places of vacancies in Chennai Centre are mofussil branches of Chennai Centre, Kancheepuram, Madurantakam, Chengalpattu, Tiruttani, Ponneri, Gummidipoondi and Thiruvallur are the Mofussil branches of Chennai Centre. During the process of promotion, the 2nd respondent got selected. She was offered a posting in promotion year 2016-17 at one of the Mofussil branches of Chennai Centre at Gummidipoondi and the 2nd respondent refused to join at Gummidipoondi. She insisted that she should be given posting within Chennai City since the request made by the 2nd respondent employee was found unreasonable. The petitioner Management had not acceded to the request.
4. The 2nd respondent approached the first respondent / National Commission for Scheduled Caste and submitted a complaint before the said Commission on the ground that she was discriminated since she belongs to Scheduled Caste community. The Commission issued notice to the writ petitioner/Management regarding the grievances advanced by the second respondent and directed them to appear and respond to the complaint. The second respondent filed her rejoinder. The petitioner/Corporation furnished all the details regarding the promotion granted to the 2nd respondent and the consequential posting order issued to her.
5. The first respondent / National Commission for Scheduled Caste recorded the outcome of the hearing held on 26.7.2018 as under :
“The Hon’ble Vice Chairman had resented on the absence of Zonal Manager, LIC of India, Chennai who was called for the hearing on 26.7.2018. As the Zonal Manager, LIC of India, Chennai was also called for hearing in another case on 27.7.2018, the Hon’ble Vice Chairman desired to hear the case on 27.7.2018 in the presence of the Zonal Manager. On 27.7.2018, the Zonal Manager and the petitioner had appeared for hearing. Both the petitioner and the Management explained their sides. The Hon’ble Vice Chairman directed that only Chairman & Managing Director of LIC has to be called for hearing the case in future. The Hon’ble Vice Chairman directed the Zonal Manager of LIC to submit list of employees promoted and transferred for the last 5 years. The Hon’ble Vice Chairman ordered the LIC to promote the petitioner and post her in Chennai itself.”
6. The learned counsel for the petitioner mainly contended that the first respond
