GIC directed to review promotion policy

By Our Legal Correspondent

HYDERABAD, SEPT. 15. Mr. Justice B.S.A. Swamy of the A.P. High Court directed the General Insurance Corporation of India (GIC) to undertake a review of the promotion policy and minimise the procedure of performance appraisals as to save subordinate officers from the vagaries of superior officers who are undertaking the performance appraisal in the confidential reports of the officers concerned.

The judge was allowing a writ petition filed by Mr. V.V. Narayana Murthy challenging the action of the respondent management of the New India Assurance Company in not promoting him to the post of Deputy Manager. The case of the petitioner was that the promotions should have been effected on seniority-cum- suitability basis, but the officers resorted to selection process and declared him unfit.

The court called for the records and the policy guidelines issued by the GIC and severely reprimanded the two officers who the court felt had acted arbitrarily and whimsically. The judge said that the whole process was arbitrary and illegal. The judge further said that the officers should realize that gone were the days when they could confer undue favour and condemn some at their whims and fancies. The judge further said that if these two officers named by him had not retired from service, notices should be issued to these officers to show cause why disciplinary proceedings should not be recommended.

The judge observed that the confidential guidelines and instructions relating to promotion policy "is to cumbersome and some do not convey any meaning". The court made it clear that the administration cannot resort to merit-cum-seniority method when the selection is to be done by seniority-cum-merit for the non- selection posts.

The court allowed the writ petition and directed that the petitioner be given the post of Deputy Manager from 1994-1995 with all consequential benefits and his retirement benefits and arrears in salary be calculated and paid within eight weeks.

Writ plea admitted

Mr. Justice I. Venkata Narayana of the A.P. High Court on Friday admitted a writ petition seeking issuance of `writ of quo waranto' against Mrs. Sarada alias Chandrakala, Chairperson, Malkajgiri, Hyderabad.

Mrs. Sumati Mohan, the Congress candidate who lost in the recent elections, filed the writ petition. The petition alleged that the Chairperson, whose original name was Chandrakala, got her name enrolled as Sharada in the voters' list without fulfilling the formalities prescribed by the law. She got elected with the new name, and this is illegal, the petition claimed. As she got elected with an `illegal' name she cannot function as Chairperson was the argument of petitioner. The case is adjourned to October 10.

`Govt. stand discriminative'

Mr. Justice B.S.A. Swamy of the A.P. High Court did not appreciate the stand of the Government which discriminated against the last grade employees in private aided institutions, denying them the opportunity to get higher postings like lecturers. He directed the authorities to consider the case of the petitioner for the post of lecturer in a private college.

These orders were passed in a writ petition filed by Mr. M. Tirupathi Reddy of Prakasam district who was a sweeper in a private college and latter obtained post-graduate qualifications and sought appointment as Junior Lecturer. His request was turned down though his services were utilised for long period as lecturer. He approached the court and sought directions to the Government to give directions for the appointment.

The Government took the stand that such relaxation cannot be given. Mr. Justice Swamy said that he did not find any rationale in not providing promotional avenues to the last grade employees as and when they improve the qualifications, when such facility is provided for Junior Assistants. The court took note of the fact that the Government relaxed the rules and appointed a Junior Assistant as Librarian.

The court concluded that when promotional avenues by relaxation is available to the last grade employees in Government service, there is no rationale in not considering the relaxation to the petitioner. The respondent officers were directed to consider the case of the petitioner for appointment as lecturer in the S.K.V.P. College, Markapur, and pass orders within four weeks.

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