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2025 DIGILAW 1396 (TS)

Malkani Nituben Bhojraj v. Director of Insurance

2025-11-06

SUREPALLI NANDA

body2025
ORDER: SUREPALLI NANDA, J. Heard Sri J.R.Manohar Rao, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-III appearing on behalf of the respondents. 2. The petitioner approached the Court seeking amended prayer as under: “…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not considering the case of the writ petitioner for promotion to the post of Joint Director for the panel year 2017-2018 though the 2nd respondent has issued Memo No 1027/168/A2/Admn I/2016 dt 14/08/2019 and Memo No 1027/168/A2/Admn I/2016 dt 28/10/2019 requesting the 1st respondent to submit the proposals for effecting promotion to the post of Joint Director is as illegal, arbitrary, unjust, and contrary to the orders issued in G.O.Ms.No.187, dt 25/04/1985 and consequent hold that the writ petitioner is entitled to be promoted to the post of Joint Director for the panel year 2017-2018 with all consequential benefits in terms of the orders of this Honble Court in W P No 16768/2018 dt 12/10/2018 and pass….” 3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:- It is specific case of the petitioner that the petitioner was selected through Notification No. 03/2012 by the Public Service Commission for the post of Assistant Director of Insurance and appointed on 06.02.2013. Petitioner’s services were regularized and probation declared in 2015. As per G.O.Ms.No.267, F&P, dated 06.07.1993, appointments were to be made in the ratio 1:2 (Direct Recruitment: Appointment by Transfer), but vacancies meant for direct recruits were illegally filled by ad hoc promotees, leading to irregular seniority. It is further the case of the petitioner that the petitioner and others challenged this in W.P.No.36768 of 2018, which was allowed by directing the 2 nd respondent to examine the contentions raised by the petitioner and others in their appeals to the Government dated 04.04.2018, 06.08.2018, and 20.08.2018, resulting in revised seniority vide Memo Memo No.1027/168/A2/Admn.1/2016dated 31.01.2019, placing the petitioner at Sl. No. 1 and petitioner’s junior, Md. Kabeeruddin, at Sl. No. 5. The petitioner was notionally promoted as Deputy Director with effect from 20.08.2016. No. 1 and petitioner’s junior, Md. Kabeeruddin, at Sl. No. 5. The petitioner was notionally promoted as Deputy Director with effect from 20.08.2016. It is further the case of the petitioner that however, despite the revised seniority, petitioner’s case for promotion as Joint Director for 2017–2018 was ignored while petitioner’s junior was considered under G.O.Ms.No.139, dated 31.08.2018. Though the Government directed review of DPC proceedings in 2019, no action was taken, and petitioner’s promotion was only considered for 2020–2021 vide G.O.Rt.No.13 dated 07.01.2021. Aggrieved by the same, the petitioner filed the present writ petition. 4. PERUSED THE RECORD. A. The relevant portion of the order of this Court, dated 12.10.2018 passed in W.P.No.36768 of 2018 is extracted hereunder:- 5. Having regard to the above, without entering into merits of the contentions urged, the Writ Petition is disposed of directing the Principal Secretary, Finance Department-2nd respondent to examine the contentions urged by the petitioners in their appeals dated 04.04.2018, 06.08.2018 and 20.08.2018. However, if the 2 nd respondent is prima-facie in agreement with the contentions urged, he shall also cause notice on the affected parties, afford due opportunity to the petitioners and rival claimants and pass orders by assigning due reasons in support of the decision. The said exercise shall be completed within a period of two (2) months from the date of receipt of copy of this order. In the meantime, if promotions are affected, the same shall abide the result of the order in appeals. The 2nd respondent, if necessary, may undertake review of promotions made in the event the appeals preferred by the petitioners are allowed. It is also made clear that there is no expression of opinion on merits and all the parties can raise all pleas as available in law. Pending miscellaneous petitions shall stand closed. B. The memo No.1027/168/A2/Admn.I /2016, dated 14.08.2019 issued by the 2 nd respondent is extracted hereunder:- The attention of the Director of Insurance (FAC), Telangana, Hyderabad is invited to the references cited. He is requested to furnish the necessary proposals with his remarks on the representation of Smt Malkani Nituben Bhojrai, Deputy Director, Director of Insurance, Telangana, Hyderabad, to convene the review DPC in the category of Joint Director by 17th August, 2019, for taking further action. He is requested to furnish the necessary proposals with his remarks on the representation of Smt Malkani Nituben Bhojrai, Deputy Director, Director of Insurance, Telangana, Hyderabad, to convene the review DPC in the category of Joint Director by 17th August, 2019, for taking further action. C. The Memo No.1027/168/A2/Admn.I /2016, dated 28.10.2019 issued by the 2 nd respondent is extracted hereunder:- The attention of the Director of Insurance (FAC), Telangana, Hyderabad is invited to the references cited. He is requested to furnish the necessary proposals by 30.10.2019 to review the DPC for the panel year 2017-18 for the post of Joint Director to place the factual position before the DPC. D. The relevant portion of the contents of the Lr.No.34/Admn/A3/2016-2017, dated 07.02.2020 issued by the Director of Insurance (FAC) is extracted hereunder:- In the reference 8 th cited the Government have instructed to furnish the necessary proposals to review the DPC for the panel year 2017-18 for the post of Joint Director and place the factual position before the DPC and in the reference 9th cited along with the factual position, the proposals for review DPC for the panel year 2017-18 to the post of Joint Director were submitted. Further as desired it is to submit the cadre strength of Joint Director pertaining to this department is detailed in the table below: 1 Whether Joint Direct or vacancy is available for the panel year 2017-18 I vacancy in the panel year 2017-18 arose due to retirement on superannuation as on 31-05-2018. 2 Now how many posts of Joint Direct or and how many are vacant a) Now 3 posts of Joint Direct or are existing due to creation of one post vide G.O.Ms. No. 26, Finance (HRM.I) Department, dated 03-04-2018 in addition to 2 J.D posts b) 2 vacancies one each at O/o Joint direct or of Insurance, Hyderabad and Warangal. E. The relevant portion of the Memo No.09/Admn/A3/2019-20, dated 30.09.2020 issued by the Director of Insurance (FAC) is extracted hereunder:- In this regard Smt.Malkani Nituben Bhojraj, Deputy Director is informed that, the directions of Honourable High court in W.P. No. 36768 of 2018 dated 12-10-2018, have been In this regard Smt. Malkani Nituben Bhojraj, Deputy Director is informed that, the complied with and no further action is pending on it. Promotions were already effected based on the seniority and other eligible conditions and subject to outcome of all the pending court cases. F. Letter No.09/Admn/A3/2019-2020, dated 31.10.2019 addressed by the Director of Insurance (FAC) to the Finance (Admn.I ) Department, Telangana is extracted hereunder:- With reference to the Govt.Memo 21st cited, I am to herewith furnish the factual position along with the Screening Committee material for the review Panel year 2017-18 along with related copies of Government Orders and Court Cases pending etc. for placing before the review DPC for filling up the post of Joint Director of Insurance (3rd level gazetted post) in Telangana State Govt. Life Insurance Department to the Government as instructed in the Government Memo. DISCUSSION AND CONCLUSION:- 5. Learned counsel appearing on behalf of the petitioner submits that in spite of repeated representations and requests made by the petitioner to the 2 nd respondent to consider the case of the petitioner for promotion to the post of Joint Director for the Panel Year 2017-18 and, though the 2 nd respondent had issued memo, dated 14.08.2019 and the Memo, dated 28.10.2019 requesting the 1 st respondent to furnish the necessary proposals with remarks on the representation of the petitioner to convene the review DPC for the panel Year 2017-18 for the post of Joint Director, yet the petitioner had not been promoted to the post of Joint Director for the Panel year 2017-18 and the request of the petitioner considered as on date. 6. Learned counsel appearing on behalf of the petitioner placing reliance on the contents of the Lr.No.34/Admn/A3/2016-2017, dated 07.02.2020 issued by the Director of Insurance (FAC), contends that vide the Government Memo, dated 28.10.2019, the Government had instructed to furnish necessary proposals to review the DPC for the Panel Year 2017-18 for the post of Joint Director and place the factual position before the DPC and vide letter, dated 31.10.2019 along with the factual position, the proposals for review DPC for the panel Year 2017-18 to the post of Joint Director had been submitted. 7. 7. Learned counsel appearing on behalf of the petitioner further contends that intentionally the said fact had not been placed before this Court only to deprive the petitioner the post of Joint Director for which the petitioner is legally entitled to and hence, petitioner is entitled for the relief as prayed for by the petitioner in the present writ petition. Therefore, the present Writ Petition needs to be allowed as prayed for. 8. Learned Government Pleader for Services-I I I on the other hand placing reliance on the letter, dated 30.09.2020 filed as material document along with the counter affidavit, contends that the Director of Insurance (FAC) vide letter, dated 30.09.2020 had informed the petitioner that the question of convening review DPC for promotion of petitioner as Joint Director does not arise for the review for the panel year 2017-18. 9. Learned counsel appearing on behalf of the petitioner contends that it is the Government who is the competent Authority to take decision on the proposals already forwarded on 31.10.2019 and it is not the Director of Insurance (FAC) and therefore, appropriate directions may be issued to the Government as indicated in the letter, dated 07.02.2020. 10. Learned Government Pleader for Services-III does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner. 11. A bare perusal of the contents of the letter, dated 30.09.2020 issued in compliance to the directions of this Court, dated 12.10.2018 passed in W.P.No.36768 of 2018 clearly indicates that the Director of Insurance(FAC) did not assign any specific reasons pertaining to the request of the petitioner to consider petitioner’s notional seniority in the category of Deputy Director for further promotion to the category of Joint Director by reviewing DPC for the Panel Year 2017-18 and it is only stated in the said letter that the panel for 2017-18 was not materialized and as such it had lapsed and therefore, in view of the fact that the proposals had already been forwarded to the Government on 31.10.2019 itself, this Court opines that the 1 st respondent needs to consider the same , in accordance to law and take a decision on the subject issue. 12. Taking into consideration:- a) The aforesaid facts and circumstances of the case. 12. Taking into consideration:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-I I I appearing on behalf of the respondents. c) The averments made in the counter affidavit filed on behalf of the respondents. d) The order of this Court, dated 12.10.2018 passed in W.P.No.36768 of 2018 (referred to and extracted above) e) The memo No.1027/168/A2/Admn.I /2016, dated 14.08.2019 issued by the 2 nd respondent (referred to and extracted above) f) The Memo No.1027/168/A2/Admn.I /2016, dated 28.10.2019 issued by the 2 nd respondent (referred to and extracted above) g) The relevant portion of the contents of the Lr.No.34/Admn/A3/2016-2017, dated 07.02.2020 issued by the Director of Insurance (FAC) (referred to and extracted above) h) The Memo No.09/Admn/A3/2019-20, dated 30.09.2020 issued by the Director of Insurance (FAC) (referred to and extracted above) i) Letter No.09/Admn/A3/2019-2020, dated 31.10.2019 addressed by the Director of Insurance (FAC) to the Finance (Admn.I ) Department, Telangana (referred to and extracted above) j) The discussion and conclusion as arrived at paraNos.5 to 11 in the present order. The Writ Petition is disposed of, directing the 2 nd respondent herein to take decision on the proposals to review the DPC for the panel year 2017-18 for the post of Joint Director forwarded to the Government, vide office Letter No.09/Admn/A3/2019-2020, dated 31.10.2019 addressed by the Director of Insurance (FAC) to the Finance (Admn.I ) Department, Telangana, duly taking into consideration the memo, dated 14.08.2019 of the 2 nd respondent and memo, dated 28.10.2019 issued by the 2 nd respondent, duly taking into consideration the earlier orders of this Court, dated 12.10.2018 passed in W.P.No.36768 of 2018, in true spirit, in accordance to law, and pass appropriate reasoned orders pertaining to petitioner’s request for promotion to the post of Joint Director for the Panel Year 2017-18 and also the request of the petitioner to release all consequential benefits, accordingly as per petitioner’s legal entitlement, within a period of three (03) weeks from the date of receipt of copy of the order and duly communicate the decision on the said subject issue to the petitioner. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.