NATIONAL INSURANCE CO. Vs. H.S. RAINAL

JUDGEMENT

(1.) THIS LPA is directed against order dated 22.7.1999 of the learned Single Judge whereby writ petition (SWP No. 947/91) filed by respondent No. 1 (hereinafter referred to writ petitioner) has been disposed of with a direction to the appellant National Insurance Company Ltd. (hereinafter referred to Insurance Company) to consider the claim of the petitioner afresh by taking into consideration the date when S.K. Dhar (respondent No. 4 in the writ petition) was promoted from time to time.

(2.) THE present writ petition is not the only one filed by the petitioner, but number of writ petitions came to be filed from time to time. In order to understand the grievance of the petitioner and the matters which have been decided, it is necessary to take note of brief facts of the case.

(3.) UNDETERRED writ petitioner filed another writ petition No. 82/1987 whereby he challenged the quashing of charge -sheet dated 29.7.1986 and 19.1.1987 which in the meantime had been served upon him. He also prayed for holding of an enquiry into the reasons on the basis of which Jammu Division of the Insurance Company had suffered loss of in the year 1985 -86. He further prayed for promotion to the rank of General Manager from 1984. In the said writ petition S.K. Dhar was arrayed as a party respondent as his promotion from time to time to various posts was also challenged. Yet another writ petition bearing No. 111/88 was filed in which he again prayed that he be promoted to the rank of General Manager. One More writ petition 665/88 was filed challenging the order of transfer from Jammu to Srinagar. He also prayed therein that he be promoted to the post of General Manager. When all the writ petitions filed by the writ petitioner were pending disposal at Srinagar, writ petitioner on 30.6.1985 filed an application for withdrawal of the writ petition and the CMPs pending disposal. In the application he submitted that his grievance is being redressed out side the Court by the Insurance Company and so writ petition be dismissed as withdrawn along with the connected CMPs. The Court recorded the submission of the writ petitioner and dismissed the writ petition as withdrawn. The interim directions, if any, were vacated.