NATIONAL INSURANCE CO LTD Vs. SHOWKAT AHMAD

JUDGEMENT

(1.) THESE Letters Patent Appeals (LPA NO.274/1995, National Insurance Company Ltd. and Others Versus Showkat Ahmad and Others; LPA No. 65/1995, Ravinder Koul Versus General Insurance Corporation of India and Others; and LPA NO. 76/1999, Mohammad Abbas and Another Versus General Insurance Corporation of India and Another are proposed to be disposed of by this judgment, since they arise out of the Judgment of single Judge dated August 21, 1995. Necessary it would be to mention that in LPA No. 274/1995, National Insurance Company Ltd. and Others Versus Showkat Ahmad and Others, Judgment has been challenged as a whole, while in other Appeals, the grievance is confined to some of the reliefs extended to some of the petitioners, thereby either depriving the others therefrom or affecting their service career. However, before addressing ourselves to the crucial questions on which parties have disagreement, important it would be to narrate the material facts of the case.

(2.) PETITIONERS , S/Shri Showkat Ahmad, Zubair Ahmad Farooqi, Peer Hissamud -Din, Ravinder Koul, Opinder Tikoo, Mohammad Abbas, preferred writ petition under Article 226 of Constitution of India (Corresponding to Section 103 of the Constitution of J&K). Shri Showkat Ahmad and Shri Zubair Ahmad Farooqi were appointed Inspector Grade -I from 1 -5 -1981 & 1 -5 -1982 in the National Insurance Company Ltd. Peer Hissamud -Din was appointed Inspector Grade -I from 1 -11 -1978, while Ravinder Koul and Opinder Tikoo were appointed Inspector Grade -I from 1 -6 -1982 and 16 -12 -1983 and Mohammad Abbas Ganie from 27 -1 -1981 in the same capacity. They submitted that on the basis of their business performance, merit and suitability, they were eligible for promotion to the next higher post of Assistant Administrative Officer. Due to disturbance in the valley in 1990, the entire Hindu community migrated to Jammu and other parts of the country. This migration included Officers from the valley, who sought their adjustments outside at different places. On account of serious militancy conditions from 1990 and migration of Officers, the management of Divisional and Branch offices of the Company and its business completely crippled, since no outsider was willing to come to the valley. Posts remained vacant. Consequently, Senior Divisional Manager, in the interest of the Company, issued orders asking the petitioners to function as Branch Manager. With this background, 55th meeting of Inter Companyâ„¢s Co -ordination Committee (ICCC) was convened on February 26, 1991 in which Regional Managers of different Companies resolved that persons posted in disturbed areas of Jammu and Kashmir and Punjab be considered for promotion because of their hardships and their cases suitably recommended for promotion against the post of Assistant Administrative Officer.

(3.) GENERAL Insurance Corporation of India decided to amend the existing promotion Policy for promotion of Development Officers Grade -I to the cadre of Assistant Administrative Officers. Therefore, they revised Promotion Policy which postulates the promotion of candidates from the State of Jammu and Kashmir as separate zone. Respondent -3 invited application from Development Officers -Grade -1 for promotion to Assistant Administrative Officers from Punjab, Chandigarh, Haryana, J&K and Himachal Pradesh on April 30, 1992 in utter disregard of the revised Promotion Policy against 13 vacancies of Assistant Administrative Officers, though under the revised Promotion Policy, they were required to declare the vacancies for Jammu and Kashmir State separately from other States. By way of abundant caution, the petitioners also applied for these posts through proper channel.