- (1.) Petitioner by this writ petition seeks to have quashed the order dt. 22.5.1997 (Annexure-2), categorizing the petitioner as Development Officer, to be invalid, and prays for declaration, that the petitioner stands appointed as Assistant Administrative Officer w.e.f. 1.1.1973, with all consequential benefits.
(2.) This is second round of litigation, inasmuch as earlier also the petitioner had filed the writ petition, being S.B. Civil Writ Petition No. 554/1978, which was allowed in part, and the order dt. 28.2.1978 was set aside, being not speaking one, and direction was given to the appellate authority to decide the appeal as per directions given therein, then the matter was carried in intra court appeal, vide S.A.W. No. 752/1994, which came to be disposed of vide order dt. 2.9.1996, wherein with consent of the parties it was directed, that the appellant may submit representation, within the time given, which shall be duly considered by the appellate committee by proper application of mind, and the National Insurance Company Ltd. was directed to constitute a specific appellate committee for the specific purpose, and the committee was directed to decide the representation within a period of three months from the date of representation. The petitioner submits that accordingly he filed a representation on 20.9.1996, being Annexure-1, and the same was decided vide Annexure-2, which is subject matter of grievance.
(3.) The facts are, that according to the petitioner he entered the services of General Assurance Society Limited. At the time of taking over of this society by General Insurance Business (Nationalisation) Act, 1972, hereafter referred to as the Act, the petitioner was holding the post of Branch Secretary, and was posted at Sriganganagar in the pay scale of 200-20-400-25-600, and was in the officers cadre. He produced Annexures 3 to 5 for that purpose. The case of the petitioner further is, that the said Company along with other companies came to be taken over in terms of the aforesaid Act, and were merged to form part of different companies, and the General Assurance Society in which the petitioner was serving came to be merged with National Insurance Company on 1.4.1973. In exercise of powers conferred under Section 16(1)(g) of the Act, the Central Government made some publication, and published General Insurance (Nationalisation of Pay Scale and other Conditions of Service of Officer) Scheme, 1975, hereafter referred to as the Scheme of 1975, which came in force on 1.10.1975. With the above background the petitioner's case is, that the order dt. 30.9.1975 served on the petitioner from the C.M.D. of General Insurance Co. informing about the committee having declared the petitioner as a member of the development staff, as such he is not covered by the term officer as defined in Section 3(1) of the Scheme. This is Annexure-6.;