A. P. HIGH COURT JUDGEMENT ON 2011 PROMOTIONAL EXCERCISE OF SCALE I to V

DEAR MEMBERS,

we are pleased to inform you that Judgement on Scale 2 to 5 case  in favor of employee officers for adding marks for wrong quenstion/answers in 2011 promotional exercise.  Our GICEU-AP class I Secretary as well as NFGIE Jt.Secretary Mr.K S N Murthy individually  filed case in AP High Court against Management towards the same, AP High Court directed management to add 1 mark and promote him as Scale 2 officer, since he secured marks 49.33 in the examination.  In addition,  the court said that all officer scale 2 to 5 should be given marks for wrong question those who were attempt::

Scale I toII              : 4marks  (3 in HRM- 1 in Fire)
Scale II to III & IV : 3 marks in HRM
Scale IV to V          : 4 marks in HRM

Fresh list to be prepared for officers who have passed and exercise should be completed within 2 months. Judgement copy will be received in next week.
Kudos Mr.KSN Murthy case filed and succeeded.  we request all the officers who were benefited by this judgement, please share the expenses incurred by the Mr. K S N Murthy, Scale I, Srikakulam DO(Vizag RO)
M. HANUMANTHA RAO   T. GOPALA KRISHNA
         PRESIDENT               GENERAL SECRETARY

Judgement copy contained 42 pages-hence, we are attaching only final conclusion of judgement.

""It is however to be noticed that the second committee constituted by the Insurance Institute of India, Mumbai, demonstrated the illegality and injustice that would result in the event only candidates who answered the incorrect/ambiguous questions were awarded marks. That being so, it would mean that those officers who were ignorant of the right answers to these incorrect questions and answered them wrongly would be rewarded, while those who realized that the answers were incorrect and moved on to other questions but answered them wrongly, would be punished. This cannot be the purport of a fair process of selection. The remedial measure adopted by the National Insurance Academy, Pune, therefore fell short of addressing this aspect of the matter and caused injustice to such officers. The decision cited is therefore of no avail to the learned counsel.

          It is stated that the Insurance Companies have already effected promotions pursuant to the written tests held on 18.12.2011. However, the promotions so effected were subject to further orders in these writ petitions. Therefore, the exercise as indicated supra would have to be undertaken to identify the deserving officers who were left out owing to award of marks only to such officers who answered the incorrect/ambiguous questions.

          In so far as Writ Petition No.4623 of 2012 is concerned, the counter of the New India Assurance Company Limited reflects that the petitioner fell short as he secured 49.33% in the written examination as opposed to the requisite 50%. However, the petitioner admittedly attempted Section-7, i.e., HR including Legal, in the question paper set for Scale-I Officers, which had three incorrect questions, but he attempted only two out of the three wrong questions - Questions 187 and 200. However, as per the statement of incorrect/ambiguous questions furnished to this Court, there was one other incorrect question in Sectin-7 of the question paper set for Scale-I Officers i.e. Question No.190. As this Court holds that officers who attempted the tainted sections should be awarded marks for all the wrong questions therein, irrespective of whether or not they attempted all the wrong questions, the petitioner would be entitled to one more mark for Question No.190 in Section-7. With this additional mark, he would cross the 50% cut-off mark and would be entitled to be considered in the further process for promotion to the next higher scale. This writ petition is therefore allowed directing the New India Assurance Company Limited to consider the case of the petitioner in the further promotional process and decide whether he is eligible for promotion to the next higher scale. This exercise shall be completed expeditiously and in any event, not later than two (2) months from the date of receipt of a copy of this order.

          W.P.Nos.3340 and 4575 of 2012 are disposed of with a direction to the respondents to award marks for the incorrect/ ambiguous questions to all the officers of Scales I, II, III and IV who attempted the tainted sections, namely, Sections-1 and 7. After awarding such marks in the manner indicated above, the respondents shall verify whether such officers surpassed the 50% cut-off mark and include those who were successful for further consideration in the promotional process. This exercise shall be completed expeditiously and in any event, not later than two (2) months from the date of receipt of a copy of this order. WPMP Nos.4177, 4178 and 13337 of 2012, WVMP Nos.676 and 710 of 2012 in W.P.No.3340 of 2012; WPMP Nos.5844, 5845, 13338 and 25860 of 2012, WVMP Nos.795 and 796 of 2012 in W.P.No.4575 of 2012; and WPMP No.5907 of 2012 in W.P.No.4623 of 2012, shall stand disposed of in the light of this final order. No order as to costs.""

         

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SANJAY KUMAR,J

28^TH AUGUST, 2012