- (1.) HEARD Shri Anil Kumar Tiwari learned senior Counsel assisted by Shri M.P. Singh on behalf of Petitioner and Shri Umesh Chandra, learned senior Counsel assisted by Shri Pramod Kumar on behalf of Respondents and perused the record.
(2.) PRESENT writ petition under Article of the Constitution of India has been preferred for categorization as Assistant Administrative Officer after reconstitution of the General Insurance Company under the General Insurance Business (Nationalization) Act 1972, in short 'Act'. The Petitioner was appointed as 'Inspector' in the erstwhile Oriental Fire and General Insurance Company Limited, in short 'Company'. After promulgation of Act and nationalization of General Insurance business, a merger scheme was floated and four major companies were established, all dealing with insurance business, which are viz: 1. New India Assurance Company. 2. General Insurance Company Ltd. 3. United India Insurance Company Ltd.
(3.) ORIENTAL Insurance Company Ltd. 4. At the time of nationalization of Insurance Companies, Petitioner was working as Inspector in the Company and was Incharge of Sitapur Unit. In consequence of nationalization of Insurance Business, the Government of India through Ministry of Finance (Department) of Economic Affairs, issued a notification floating scheme providing therein, the rationalization of pay scale and other terms and conditions of service of the Development staff. The circular was issued for categorization of various posts in response to scheme and the Petitioner was categorized 'Inspector Grade -I' with regard to rationalization of pay -scale. After categorization as Inspector Grade -I, the Petitioner came to know that persons junior than him and even having inferior service record were categorized as Assistant Administrative Officer (AAO) in the year 1975. Feeling aggrieved, the Petitioner preferred a representation before Chairman -cum - Managing Director, seeking his categorization as Assistant Administrative Officer on the ground that persons having inferior merit, lesser service and some similarly situated, have been categorized as AAO. The claim was installed also on the ground that some of the persons were categorized as AAO were never categorized as Inspector Grade -I. Respondents have not considered the Petitioner's representation and kept the matter pending.;