S. S. Gowri W/o S. Gopal Rao v. United India Insurance Company Limited
2023-03-02
SUBBA REDDY SATTI
body2023
DigiLaw.ai
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 proceedings dated 03.01.1996, the Regional Manager, United Insurance Company Limited by letter dated 12.08.1996 requested the petitioner to report to the concerned of United Insurance Company Limited, Visakhapatnam. Thereafter, the petitioner was transferred to the Divisional Office-II i.e. respondent No. 5 by proceedings dated 26.08.2019: (a) Deputy Collector, Durg District issued proceedings No. 6306/Case/Sec/96, dated 11.06.1996 directed the petitioner to attend its office regarding caste certificate verification. Additional Chief Vigilance Officer, Bhilai Steel Plant addressed a letter to Regional Manager, National Insurance Company, Akash Ganga Complex, Supela, Bhilai, basing on a letter dated 17.06.1996 addressed by the Divisional Manager, informing that the father of the petitioner Sri S. Ramarao, worked as Deputy Manager in Nandini Mines, Bhilai Steel Plant took VRS from service in BSP in 1992 and as per the records available, he does not belong to SC or ST category.
(b) Petitioner addressed a letter through proper channel dated 20.06.2000 to the Regional Manager, National Insurance Company Limited, Visakhapatnam seeking change of reservation from SC/ST category to General category. In the said letter, petitioner stated that she was married to one S. Gopal Rao, Marine Engineer and he is from forward caste; that after transfer he is insisting to change from SC/ST to General category. Chief Regional Manager, United India Insurance Company Limited by proceedings dated 19.06.2012 directed the petitioner to clarify about as to whether the petitioner belong to SC or ST category and directed to submit supporting documents within a period of 15 days. It was further mentioned that if the petitioner fails to produce relevant documents within a period of 15 days from the date of receipt of the letter, action will be initiated as per CDA Rules 1975. (c) Petitioner sent reply dated 06.07.2012 to the Chief Regional manager, Vizag Regional Office, stating that she submitted all the original documents to the District Collector, Durg District during enquiry. Petitioner also addressed a letter to District Collector, Durg District, Chattisgarh requesting the authorities to release all the certificates. (d) Since the petitioner could not produce the certificates, Personnel Department, Regional Office of United India Insurance Company Limited addressed a letter dated 16.07.2013 to produce the original documents within a period of 60 days. The said authority keep on issuing reminders to the petitioner to submit original documents, finally on 24.10.2013, once again the authority issued a notice to send the correspondence made to the District Collector, Durg in support of the claim that inspite of sincere efforts made by the petitioner before the authority on or before 31.10.2013. Challenging the said letter, W.P. No. 32835 of 2013 was filed by the petitioner. (e) This Court by order dated 21.11.2013 passed the following order: “......Learned counsel for the petitioner submits that the petitioner is making all her efforts to secure the documents from the District Collector, Durg, Chattisgarh State and she requires three more weeks time to procure all the relevant documents and submit the same to her employer.
(e) This Court by order dated 21.11.2013 passed the following order: “......Learned counsel for the petitioner submits that the petitioner is making all her efforts to secure the documents from the District Collector, Durg, Chattisgarh State and she requires three more weeks time to procure all the relevant documents and submit the same to her employer. Recording the above said undertaking of the learned counsel for the petitioner, if disciplinary proceedings were already initiated, the respondent shall not pass final orders in the disciplinary proceedings, which were contemplated in the letter dated 24.10.2013 for a period of three weeks.” (f) However, petitioner has not produced those documents before the authority. Petitioner filed second W.P. No. 10364 of 2018 in not promoting the petitioner from Assistant to the cadre of Senior Assistant though she is eligible and having requisite educational and technical qualification and also the action of the respondent Nos. 3 and 4 in withholding increments including stagnation increments from April, 2011 and also to promote the petitioner to the cadre of Senior Assistant. (g) On 18.06.2018 the following order was passed: “......Having regard to these submissions and if no disciplinary proceedings are initiated resulted in imposing the punishment of withholding increments or any other order to debar grant of increments, the increments due and payable to the petitioner for the period of incremental service rendered by the petitioner shall be paid. Notice.” (h) Third writ petition i.e. W.P. No. 16942 of 2020 was filed by the petitioner in not promoting the petitioner to the post of Senior Assistant though the petitioner’s name was shown at S. No. 1 as per the seniority list. 5. Counter-affidavit was filed on behalf of respondent Nos. 1 to 5 in W.P. No. 16942 of 2020. In the counter-affidavit, it was contended inter-alia that the petitioner secured job under a quota specified for Scheduled Tribes. On an enquiry, it was found that she doesn’t belong to SC/ST category. The National Insurance Company verified the caste status of father of the petitioner who served as Deputy Manager in Nandini Mines of Bhilai Steel Plant and it was clarified, by authorities of Bhilai Steel Plant by letter dated 02.03.21996, that the father of the petitioner do not belong to SC or ST category. Petitioner by letter dated 20.06.2000 requested for change of reservation category from SC or ST to General category.
Petitioner by letter dated 20.06.2000 requested for change of reservation category from SC or ST to General category. In fact, by the time of applying for the job in National Insurance Company, she was married and claimed to be ST candidate. The authorities requested the petitioner to submit caste certificate and the petitioner has been continuously answered that she submitted all the documents to the District Collector, Durg and the same was not released by the District Collector. Petitioner filed W.P. No. 32835 of 2013 challenging the notice dated 24.10.2013. Petitioner also filed W.P. No. 10364 of 2018 questioning the inaction of the respondents in promoting the petitioner from Assistant to the cadre of Senior Assistant. It was further contended that as per the proceedings HRO:PER:CIR:43:2015-16 dated 18.01.2016, a list was published showing 19 vacancies, out of which two posts are for ST category. The vacancies for ST category were shown as NIL. Petitioner approached the Court by suppressing the facts and eventually prayed the Court to dismiss the writ petitions. 6. Reply was filed by the petitioner reiterating the averments in the affidavit and contended that she submitted explanation to the respondents and also about the steps taken by her to secure caste certificate as well as correspondence to the District Collector, Durg District. 7. Heard Sri K.S. Murthy, learned Senior Counsel representing Sri G.V.V.S.R. Subrahmanyam, learned counsel for the petitioner and Sri Naresh Byrapaneni, learned counsel for respondent Nos. 1 to 5 in W.P. No. 16942 of 2020 and Smt. V. Umadevi, learned counsel for respondents in W.P. No. 10364 of 2018. 8. Learned Senior Counsel would submit that as per Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013 (for short “the Rules’) procedure is contemplated for verification of caste certificate. Learned Senior Counsel also pointed out that as per Rule 15 of the Rules, upon a complaint or if the employer raises a doubt regarding certificate, the employer can ask, such person, to file an affidavit in FORM-2B and the same shall be referred to verification committee in FORM-1B. The procedure contemplated under Rule 15 of the Rules, was not adhered by the respondents. He would also submit that till such verification committee takes a decision, petitioner cannot be denied the prospects in the employment. 9.
The procedure contemplated under Rule 15 of the Rules, was not adhered by the respondents. He would also submit that till such verification committee takes a decision, petitioner cannot be denied the prospects in the employment. 9. Sri Naresh Byrapaneni, learned counsel for the respondents would contend that the petitioner joined in the service under ST category. In an enquiry, it came to light that the father of the petitioner does not belong to ST category and hence, the authorities directed the petitioner to get the original certificates. He would also point out that a letter was addressed by the respondent authorities to the petitioner to submit original certificates. Since the petitioner failed to submit the certificates, notices dated 16.07.2013 and 24.10.2013 were issued and the same were challenged by the petitioner by filing W.P. No. 32835 of 2013. He would also submit that learned counsel appearing for the petitioner in fact, undertook before the Court that the petitioner will produce the certificates within a period of three months, however, the petitioner could not produce the certificates so far. He would also submit that since the petitioner could not file the certificates, her case was not considered for other prospects i.e. for promotion. 10. As per the material placed before the Court, petitioner joined as Assistant in the National Insurance Company Limited, Rajnandgaon, Bhilai, Durg District under ST category on 01.04.1992. Later, petitioner was transferred to United India Insurance Company, Gajuwaka, Visakhapatnam and has been working in the said organization. The respondent authorities enquired about the caste certificate of the petitioner and in that connection, the respondent authorities addressed a letter to Bhilai Steel Plant where the father of the petitioner worked. The authorities of the Bhilai Steel Plant, in turn, addressed a letter dated 12.08.1996 to the Regional Manager, United India Insurance Company Limited, Visakhapatnam intimating that father of the petitioner does not belong to SC or ST category. It is pertinent to mention here that the petitioner herself addressed a letter dated 20.06.2000 to the respondent Corporation to change her category of community from SC/ST to General category. 11.
It is pertinent to mention here that the petitioner herself addressed a letter dated 20.06.2000 to the respondent Corporation to change her category of community from SC/ST to General category. 11. As per the annexure filed along with the writ petitions, it would indicate that the respondents on number of occasions directed the petitioner to submit original certificates and petitioner in turn replied that all the certificates were produced before the District Collector, Durg District and she addressed letters to the authorities to release her original documents, however, they were not released so far. 12. Rule 15 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013, contemplates the procedure regarding verification of certificates and reference to Verification Committee. Rule 15(1) is as under: “15. Verification of Certificate and reference to Verification Committee: (1) If the concerned public employer, educational institution or a statutory body the State Government or the Central Government, as the case may be, receives a complaint or raises a doubt that the person appointed, admitted, elected, named or nominated has obtained Certificate wrongly or fraudulently, then he/it shall ask such person to file an affidavit in FORM-2B and shall refer the matter to the Verification Committee in FORM-1B.” 13. Rule (4) of 15 mandates that a non-Applicant, instead of referring a certificate to the Verification Committee may also direct the Applicant to get his certificate verified by the Verification Committee. In such cases, the Applicant shall submit his original certificate, an application in FORM-1C along with affidavit in FORM-2C and document as required under sub-rule (3) of Rule 3. 14. Verification Committee referred in Rule 15 was defined in Rule 2(q) of the Rules: (q) “Verification Committee” means District Level Certificates Verification Committee constituted in a District under sub-section (1) of Section 6 of the Act for verification of Certificate issued to applicants. 15. As indicated supra, the procedure is contemplated under Rule 15 of the Rules makes it abundantly clear that employer can direct an employee to file an affidavit under the Rules and on such filing, the same can be referred to Verification Committee in FORM-1B. After reference to the Verification Committee, the Committee may direct to produce FORM-1C along with affidavit in FORM-2C.
After reference to the Verification Committee, the Committee may direct to produce FORM-1C along with affidavit in FORM-2C. Time is also stipulated and upon failure, the verification committee may decide ex-parte and certificate of such applicant shall be forwarded under Rule 18 to Scrutiny Committee. Rule 18 also mandates personal hearing. 16. During the course of arguments, learned counsel for the respondents would contend that no disciplinary proceedings were issued to the petitioner so far. In fact, in the first writ petition, petitioner undertook to produce certificates within three weeks. However, petitioner could not produce those certificates. In the normal course, since the petitioner could not furnish certificates, the respondent authority ought to have proceed with the matter as per the Act and the Rules. However, respondent authorities without initiating proceedings when denied benefits Court directed the respondents to pay increments due and payable to the petitioner for the period of incremental service rendered by the petitioner. In the absence of any proceedings against the petitioner, the respondent authorities ought not to have denied the benefits be it pecuniary or promotion to the petitioner. 17. In view of the above and considering the contentions of both the learned counsel, the respondents authorities shall direct the petitioner to file an affidavit in FORM-2B and upon such filing of affidavit, the same shall be referred to the Verification Committee through FORM-1B. The respondent authorities are at liberty to issue notice calling upon the petitioner to file affidavit. Once the notice issued, the petitioner shall submit affidavit in FORM-2B within a period of two (2) weeks from the date of receipt of notice and thereafter the respondent authorities shall refer the same to the Verification Committee in FORM-1B. Since no disciplinary proceedings, so far, are initiated against the petitioner, the respondents shall consider the case of the petitioner regarding her prospects in the employment, if the petitioner is otherwise eligible and satisfy all the conditions, including promotion within a period of six (6) weeks, strictly in accordance with law. 18. With the above direction, all the three writ petitions are disposed of. There shall be no order as to costs. 19. As a sequel, all the pending miscellaneous petitions shall stand closed.