High Court of KeralaSingle JudgeWrit petition disposed of, with directions as s...

Shanti K. George v. Life Insurance Corporation of India, Union of India and Others

Case / Petition Number:WP(C).No. 3262 of 2013 (G)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. V. Ramakrishna Pillai
Judgment Date
2015-05-20
Court Decision / Holding
Writ petition disposed of. The LIC was held to be bound to prepare the reservation roster registers starting from 1996 and earmark the reservation for persons with disabilities to be filled by the petitioner, carrying forward the roster to subsequent recruitment years. The petitioner is to be accommodated in the vacancy that arose on the date she became eligible for promotion as Higher Grade Assistant.
Final Disposition
Writ petition disposed of, with directions as stated above.

Parties to the Case

Appellants / Petitioners

  • SHANTI K. GEORGE

Respondents

  • LIFE INSURANCE CORPORATION OF INDIA
  • THE SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA
  • THE LIASON OFFICER FOR PERSONS WITH DISABILITIES, AND SECRETARY (ESTATES), LIFE INSURANCE CORPORATION OF INDIA
  • UNION OF INDIA

Legal Representation & Advocates

Counsels for Petitioners

  • • K. Jaju Babu
  • • M. U. Vijayalakshmi

Counsels for Respondents

  • • S. Easwaran
  • • Nagareesh, ASG of India

Case Synopsis & Summary

Shanti K. George, a physically handicapped employee of the Life Insurance Corporation of India (LIC), challenged denial of regular promotion and of vacancies reserved for persons with disabilities under the 1995 Act (PwD Act). The petitioner, who has loco-motor disability of 40%, contends that vacancies earmarked under the Act should be reserved for recruitment and promotions from 01-01-1996, and that she became eligible for promotion to Higher Grade Assistant in 2001. She points to Exts. P1–P2 (statutory framework) and Exts. P3–P5 (circulars/notifications) to argue that LIC only implemented the reservation on 08-04-2011, a delay she alleges is illegal. She also asserts that despite Ext. P6 (representation) and Ext. P8 (this Court’s earlier judgment dated 24/1/2011), she has been denied promotion towards 3% reserved vacancies and that the benefits of Exts. P1, P2 and P8 should be extended, as per Ext. P9. In opposition, LIC contends that the PwD Act’s applicability to LIC promotions commenced only from 08-04-2011, and that in 2011-12 there were only 31 vacancies (less than the 34 required to create a 3% quota). They submit that after 2013 the petitioner was promoted under the reservation. The Court relies on Government of India v. Ravi Prakash Gupta to hold that reservation must be effective from 1996 and delays in issuing circulars cannot postpone rights. The writ petition is disposed, directing the LIC to prepare a disability-reservation roster from 1996 and to accommodate the petitioner in the vacancy arising when she became eligible, with the roster carried forward to subsequent years.

Provisions of Law Cited

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that as a physically handicapped person with 40% loco-motor disability, she was entitled to promotion to Higher Grade Assistant and to vacancies reserved for persons with disabilities from 1996. She relies on Exts. P1–P2 to show the statutory framework and on Exts. P3–P5 to contend that the LIC implemented the reservation only on 08.04.2011, rendering the denial of promotion improper. She asserts that she had been eligible for promotion since 2001 and that Ext. P6, Ext. P8 and the relief sought under Ext. P9 should have been granted. She argues that the reservation roster must be prepared from 1996 and carried forward, and that she should be accommodated in the vacancy arising on the date she became eligible, with retrospective applicability where permissible by law.

Contentions of Respondents

The LIC contends that the PwD Act’s applicability to LIC promotions came into effect only from 08.04.2011, as per Exts. P3–P4, and that the 2011–12 round had only 31 vacancies—insufficient to create a 3% reserve (less than 34). Therefore, there could be no reservation in that round. They argue that the promotions since 2013 occurred after implementing the reservation and that the petitioner cannot claim a 2001 entitlement. However, after the implementation of reservation in April 2011, the petitioner was promoted under the reservation quota and accepted promotion on 01.03.2013. They contend that a broader reliance on the 1996 date is constrained by the LIC’s own circulars and the limited vacancy availability, and that the matter requires reconsideration in light of those constraints.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Government of India through Secretary & Another v Ravi Prakash Gupta & Another2010 (7) SCC 626PositiveThe decision is cited to establish that the Act came into force in 1996 and reservations must be effected from that date; delays in issuing circulars cannot postpone the rights conferred by the Act.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI** ## **WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937** ## **WP(C).No. 3262 of 2013 (G)** **---------------------------------------** **PETITIONER(S):** **----------------------** **SHANTI K.GEORGE, ASSISTANT, LIFE INSURANCE CORPORATION OF INDIA, TRIPUNITHURA BRANCH, TRIPUNITHURA P.O. ERNAKULAM DISTRICT.** **BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI** **RESPONDENT(S): -------------------------** ## **1. LIFE INSURANCE COPORATION OF INDIA,** - **CENTRAL OFFICE, 5TH FLOOR, (WEST WING), YOGAKSHEMA, JEEVAN BIMA MARG, P O BOX NO.19953, MUMBAI - 400 021, REPRESENTED BY ITS MANAGING DIRECTOR.** **2. THE SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, M.G.ROAD, (MAHATMA GANDHI ROAD), ERNAKULAM - 682 011.** **3. THE LIASON OFFICER FOR PERSONS WITH DISABILITIES, AND SECRETARY (ESTATES), LIFE INSURANCECORPORATION OF INDIA, SOUTHERN ZONAL OFFICE, LIC BUILDING, ANNA SALAI, CHENNAI - 600 002.** ## **4. UNION OF INDIA,** - **REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, DEPARTMENT OF PERSONNEL AND TRAINING, CENTRAL SECRETARIAT, NEW DELHI - 110 001.** **R1 TO 3 BY ADV. SRI.S.EASWARAN R4 BY ADV. SRI.NAGARESH, ASG OF INDIA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/1/2015 THE COURT ON 20-05-2015 DELIVERED THE FOLLOWING:** **PJ** ## **WP(C).No. 3262 of 2013 (G)** ## **---------------------------------------** ## **APPENDIX** ## **PETITIONERS' EXHIBITS** ## **-----------------------------------** - **P1: COPY OF ORDER NO.36035/3/2004 - ESTT (RES) DATED 29/12/2005 ISSUED BY MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING, NEW DELHI** - **P2: COPY OF THE DIRECTIVE C.D.NO.SER/06/7834 DATED 29/6/2006 BY THE SERVICES DEPARTMENT BRANCH IV OF CENTRAL GOVERNMENT, NEW DELHI** - **P3: COPY OF THE NOTIFICATION NO.ZD/1185/ASP/2011 DATED 8/4/11 ISSUED BY THE R1** - **P4: COPY OF THE CIRCULAR ZD/1197/ASP/2012 DATED 7/2/12 ISSUED BY THE R1** - **P5: COPY OF THE NOTIFICATION DATED 14/2/12 ISSUED BY THE ZONAL OFFICE OF THE R1 AT CHENNAI** - **P6: COPY OF THE REPRESENTATION DATED 12/4/12 SUBMITTED BY THE PETITIONER TO THE R2** - **P7: COPY OF THE JUDGMENT DATED 8/10/12 IN WPC.22659/12 OF THIS HONOURABLE COURT.** - **P8: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATRED 24/1/11 IN WPC.33333/2008** - **P9: COPY OF THE ORDER DATED 13/12/12 ISSUED BY THE R2** ## **RESPONDENTS' EXHIBITS** **-------------------------------------** **NIL.** **/ TRUE COPY /** ## **P.S. TO JUDGE** **PJ** **A.V. RAMAKRISHNA PILLAI, J. -------------------------------------------------W.P.(C) No. 3262 of 2013 -------------------------------------------------Dated this the 20[th] day of May, 2015** ## **J U D G M E N T** Aggrieved by the denial of promotion to the petitioner, who is physically challenged, by the respondent corporation, the petitioner has come up before this Court. 2. The petitioner is a physically handicapped person having loco motor disability of 40%. She alleges that she is denied regular promotion as well as promotion to vacancies reserved under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, “the Act”). According to her, as per the provisions in the Act and Exts.P1 & P2, vacancies are to be reserved for persons with disability, in the case of recruitment as well as promotion, from 01.01.1996. The petitioner alleges that she became eligible for promotion as Higher Grade Assistant in 2001. W.P.(C) No. 3262 of 2013 **==> picture [20 x 8] intentionally omitted <==** The 1[st] respondent corporation issued Exts.P3 to P5 to implement the said reservation only on 08.04.2011, which, according to the petitioner, is illegal. The petitioner alleges that still she is denied promotion towards 3% vacancies earmarked notwithstanding Ext.P6. She further alleges that the benefits of Exts.P1, P2 as well as Ext.P8 judgment of this Court are denied to her as per Ext.P9. It is with this background, the petitioner has come up before this Court. 3. In the counter affidavit filed by the respondent corporation, they would contend that the claim of the petitioner that she is entitled to be promoted to the post of Higher Grade Assistant to one of the vacancies starting from the 1996 under the category, does not hold good because of the fact that the applicability of the provisions of the Act came into effect from 08.04.2011 only, as far as LIC is concerned as their central office has issued orders in this connection as per Ext.P3 dated 08.04.2011 and Ext.P4. It is pointed out that the Exts.P3 & P4 circulars W.P.(C) No. 3262 of 2013 **==> picture [20 x 8] intentionally omitted <==** are not put to challenge in the writ petition. It was further stated that in Ext.P9, it is specifically noted by the 2[nd] respondent that in terms of Exts.P3 and P4 circulars, for the year 2011-12, only 31 vacancies were notified for promotion to the cadre of Higher Grade Assistant. However, taking note of the fact that the number of vacancies, which arose after 08.04.2011 was less than 34, it was not possible for the LIC to confer promotion on the petitioner to the post of Higher Grade Assistant during the promotion round 2011-12. It was also contended that after the implementation of reservation to persons with disabilities for the promotion to the post of Higher Grade Assistants as per the circular dated 08.04.2011, the petitioner has been promoted as Higher Grade Assistant under the reservation quota during the current round of promotion and she has accepted promotion since 2013. 4. I have heard Mr.K.Jaju Babu, the learned senior counsel for the petitioner; Mr.S.Easwaran, the learned counsel for the respondent corporation; and W.P.(C) No. 3262 of 2013 ..4.. Mr.Nagaresh, the learned Assistant Solicitor General. 5. The respondent corporation does not say that the petitioner is not entitled for promotion under the provisions of the Act. Admittedly, after the implementation of the reservation as per Ext.P3 circular dated 08.04.2014, the petitioner has been promoted as Higher Grade Assistant under the reservation quota and she accepted the promotion on 01.03.2013. 6. Now, the remaining question is only regarding the date, on which the petitioner should have been promoted. The main challenge put forward by the respondent corporation is that the petitioner has not challenged Exts.P3 and P4 circulars. In Ext.P9, it was noted that no reservation could be provided for persons with disability during promotion round 2011-12 for the post of Higher Grade Assistant since no entitlement arose as the number of vacancies arose after 08.04.2011 was less than 34. It was observed that 3% of 31 vacancies works out to only 0.93, whereas the entitlement to at W.P.(C) No. 3262 of 2013 **==> picture [20 x 8] intentionally omitted <==** least one reserved category for persons with disability would arise only when the total number of vacancies that arose after 08.04.2011 is not less than 34. The entire complication arose only on account of the notification dated 08.04.2011. 7. The apex court in **Government of India through Secretary & Another** v. **Ravi Prakash Gupta & Another** [2010 (7) SCC 626] has laid down the law that the Act came into force in 1996; and hence, reservation has to be effected from that date. Therefore, the delay in issuing circular or notification of the posts cannot be a reason to postpone the right of the petitioner. The case of the petitioner is that she was entitled for promotion in 2001. However, the respondent corporation issued Exts.P3 to P5 to implement reservation only on 08.04.2011 thereby postponing the eligibility of the petitioner. The same cannot be countenanced on the basis of the decision of the apex court; and therefore, the matter requires a reconsideration. W.P.(C) No. 3262 of 2013 **==> picture [20 x 8] intentionally omitted <==** In the result, the writ petition is disposed of making it clear that the respondent corporation was bound to prepare the reservation roster registers starting from the year 1996 and earmark the reservation for persons with disabilities to be filled by the petitioner and carry forward the same to subsequent recruitment years. The respondent corporation shall prepare the reservation roster registers as above and the petitioner shall be accommodated in the vacancy, which arose on the date when she became eligible for promotion as Higher Grade Assistant. Sd/- **A.V. RAMAKRISHNA PILLAI JUDGE** bka/-