Petitioner challenged non-selection in promotion exercises from 2015 claiming violation of constitutional rights and policies. Dismissed as infructuous after eight years due to completion of exams on merit basis, with no order as to costs.
No relief granted; writ petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY. THE TWENTY FIRST DAY OF APRIL
TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 15541 OF 2015
Between:
Guru Prasad Mishra, S/o late Jagabandhu Mishra @ Jena, Aged 58 years, Occ: Manager (Scale-IV), The New India Assurance Co., Ltd., Bearing S.R.No.18579. presently Ported in Visakhapatnam Regional Office, Located at 47-10-12, Pavan Paradise. 3 Floor, 2"° Lane, Dwarakanagar, Visakhapatnam - 530 016, R/o NAD, Visakhapatnam - 530 009. Andhra Pradesh State
...PETITIONER
AND
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ, Order or Direction particularly, a writ of mandamus declaring the action of the Respondents in not permitting the Petitioner to appear in the written examination for promotion held on 31.05.2015 and/or any other date to be followed by the interview for promotion exercise 2015-16/as also non consideration of the case of the petitioner for prorhotion from scale IV to Scale V officer as illegal, arbitrary, violative of Articles-14, 19 and 21 of the Constitution of India, contrary to the Promotion Policy 2006 of General Insurance Public Sector Association of India and the New India Assurance Company Ltd., (as amended from time to time) and issue consequential direction directing the Respondents to include the name -of the Petitioner in the zone of Promotion for 2015-16 and to direct the respondents to conduct the Written Test and the Interview for Promotion Exercise /interview exercise 2015-16 of Officers and the subsequent steps thereon.
r
I.A. NO: 1 OF 2015(WPMP. NO: 20234 OF 2015)
Petition under Section 151 CPC praying.that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents herein to include the name of the Petitioner for Promotion Exercise of 2015-16 of Officers from Scale-IV to Scale-V both for written examination & Interview along with other eligible Officers after allowing the Petitioner a reasonable period to appear for the Test & Interview, pending disposal of the main writ petition.
LA. NO: 2 OF 2015fWPIVIP. NO: 20235 OF 2015)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents herein to permit the Petitioner to appear for the Interview for Promotion Exercise of Officers for 2015-16 from Scale-IV to Scale-V as per the third Extended Eligibility, pending disposal of the main writ petition.
LA. NO: 3 OF 2015fWPMP. NO: 22400 OF 2015)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents herein to keep one post of Scale-V Manager vacant in the promotion exercise of 2015-16 of Officers from Scale-IV to Scale-
LA. NO: 4 OF 2015(WPMP. NO: 46446 OF 2015)
f
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to amend the prayer in the writ petition in the following terms: substitute the following after the words “may be pleased to ...” with the following: “to issue appropriate Writ, Order or Direction particularly, a writ of mandamus declaring the action of the Respondents in not permitting the Petitioner to appear in the written examination for promotion held on 31.05.2015 and/or any other date to be followed by the interview for promotion exercise 2015-16/as also non consideration of the case of the petitioner for promotion from scale IV to Scale V officer as illegal, arbitrary, violative of Articles-14, 19 and 21 of the Constitution of India, contrary to the Promotion Policy 2006 of General Insurance Public Sector Association of India and the New India Assurance Company Ltd., (as amended from time to time) and issue consequential direction directing the Respondents to include the name of the Petitioner in the zone of Promotion for 2015-16 and to direct the respondents to conduct the Written Test and the Interview for Promotion Exercise/interview exercise: 2015-16 of Officers by setting aside the Circular bearing
CORP.HRM.CLI:2014 dated 01.06.2014 and Circular bearing CORP.HRM.CL.I:2015 dated 01.08.2015 in so far as the Respondents 5 and 6 are concerned and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
LA. NO: 5 OF 2015(WPMP. NO: 46447 OF 2015)
Between:
Guru Prasad Mishra, S/o late Jagabandhu Mishra @ Jena, Aged 58 years, Occ: Manager (Scale-IV), The New India Assurance Co., Ltd., Bearing S.R.No.18579 presently Ported in Visakhapatnam Regional Office, Located at 47-10-12 Pavari 2"“ Lane, Dwarakanagar, Visakhapatnam - 530 016, R/o NAD, Visakhapatnam - 530 009. Andhra Pradesh State
...Petitioner/Petitioner AND
...Respondents/Proposed Respondents
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to permit the Petitioner to implead the Respondent No.5 and 6 herein as Respondent No.5 and 6 in WP No.15541/2015.
Counsel for the Petitioner : MS. LAKSHMI PRIYANVITHA FOR
SRI. J PRABHAKAR
Counsel for the Respondents : SRI VEDULA SRINIVAS, SC FOR NIACL
The Court made the following : ORDER
THE HON’BLE SMT JUSTICE V. SUJATHA
Writ Petition No. 15541 of 2015
ORDER:
The present writ petition came to be filed under Article 226
of the Constitution of India seeking the following relief:
to issue appropriate Writ Order or Direction particularly a writ of mandamus declaring the action of the Respondents in not permitting the Petitioner to appear in the written examination for . promotion held on 31.05.2015 and/or any other date to be followed by the interview for promotion exercise 2015-16/as also non-consideration of the case of the petitionerfor promotion from scale IV to Scale V officer as illegal arbitrary, violative of Articles14, 19 and 21 of the Constitution ofIndia, contrary to the Promotion Policy, 2006 of General Insurance Public Sector Association of India and the New India Assurance Company Ltd as amended from time to time and issue consequential direction directing the Respondents to include the name of the Petitioner in the zone of Promotion for 2015-16 and to direct the respondents to conduct the Written Test and the Interview for Promotion Exercise /interview exercise: 2015-16 of Officers and the subsequent steps thereon "
2. The present writ petition is filed challenging the action of the Respondents in not permitting the Petitioner to appear in the written examination for promotion held on 31.05.2015 and/or any other date to be followed by the interview for promotion exercise 2015-16/as also non-consideration of the case of the petitioner for promotion from scale IV to Scale V officer.
2
petitioner for the written examination and the interview for Promotion Exercise/ Interview Exercise. At this stage, after a lapse of 8 years, this Court cannot give a direction to consider the. case of the petitioner in pursuance of the Promotion Policy, 2006 of General Insurance Public Sector Association of India and the New India Assurance Company Limited. 4 Learned OQ^nsel for the respondents has submitted that, pending tiiis wr^^petition, exams were condupted and thereafter on merit basis, Hence, nothing survives for further adjudication in this matter. 5. Accordingly, this writ petition is dismissed as infructuous.
There shall be no order as to costs.
Miscellaneous peUtions, pending, if any, in this Writ Petition
shall stand closed.
Sd/- S.SRINIVASA PRASAD ASSISTANTRKISTRAR //TRUE COPY// sectionoFficer To, 9 An! rr c’’-- J Prabhakar. Advocate [OPUC] 3 Two CD C Srinivas, SC for NIACL [OPUC] 9*
/
HIGH COURT
DATED:21/04/2023
ORDER
§ 0 5 SEP : ^C^entsecuon J?
WP.No.15541 of 2015
CLOSING THE WP AS INFRUCTUOUS WITHOUT COSTS
3 issues framed by the court
Whether the writ petition filed in 2015 challenging exclusion from promotion examination and interview can still be adjudicated after an 8-year lapse when exams were completed on merit basis.
Whether the Court can direct re-consideration of a promotion case pending for nearly 8 years.
Whether the writ petition is maintainable when the subject matter has been concluded via merit-based examination.
2 provisions across 2 enactments
Guru Prasad Mishra
The New India Assurance Company Ltd.
General Insurance Public Sector Association of India
The General Manager, Personnel & HRM, The New India Assurance Co., Ltd.
The Chief Regional Manager, The New India Assurance Co., Ltd., Vizag Regional Office
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
