Jurisdiction of cat vis-a-vis insurance companies in the public sector
Sibajyoti Bardhan
(Querist) 11 November 2011
This query is : Resolved
The following mail could not evoke any reply nay response and hence this appeal
for necessary clarification from the Esteemed Experts:
-------------------------------
To: cat-delhi@nic.in, catghy@rediffmail.com
From: S J Bardhan/GRO/NIC
Date: 06/14/2011 01:04PM
Subject: Request for clarification on Jurisdiction
Dear Concerned,
In view of:The Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities, would you be kind enough to clarify as to whether Public Sector Insurance Cos. (all of which are under the exclusive domain of the Ministry of Finance, GOI) are within the ambit of CAT.
Regards,
S J Bardhan.
National Ins. Co. Ltd.,
Tinsukia, Assam.
--------------------
To: NSR Chandraprasad/HO/NIC@NIC, CMD NIC/HO/NIC@NIC
From: S J Bardhan/GRO/NIC
Date: 06/14/2011 09:35PM
Cc: K P Brahma/HO/NIC@NIC, CPR Varma/HO/NIC@NIC, Subir Bhattacharyya/HO/NIC@NIC
Subject: Reminder2: Humble prayer before the CEO for adequate reparation upon Unraveling the humongous damage done to my career through the instrument called CR
To:
The Hon'ble CMD,
National Insurance Co. Ltd.,
Head Office, Kolkata.
Respected Sir,
Having since recieved the following forwarded message, I cannot but
await appropriate action with bated breath:
=============================================
"Dear Shri Barua,
By means of forwarded copy of my e-mail dt.19/03/2011 originally addressed to Shri Kanhaiya Singh, Chief Manager, Personnel, HO you were intimated that the representation addressed to the Hon'ble CMD, by Shri S J Bardhan, Employee No.15198, received through you in connection with the above was forwarded for their appropriate action.
We presume and expect that you have informed Shri Bardhan immediately of the above action taken by the undersigned, the confirmation of which is, however, still awaited.
Regards,
D R Sarkar
Chief Regional Manager
GRO."
==============================================
Regards,
S J Bardhan.
0 94351 80034(M)
-----S J Bardhan/GRO/NIC wrote on 03/19/2011 10:46AM -----
To: N Barua/GRO/NIC@NIC
From: S J Bardhan/GRO/NIC
Date: 03/19/2011 08:09PM
Cc: D R Sarkar/GRO/NIC@NIC
Subject: Reminder1: Humble prayer before the CEO for adequate reparation upon Unraveling the humongous damage done to my career through the instrument called CR
To: The Hon'ble CMD, NICL,
KOLKATA. (Through Proper Channel)
Sir,
Thank you very much for your Holi Greetings via Pop-up/Wallpaper. But "the brightness, colour and joy" you talk about and expect so much to dawn on certainly on all NICians cannot probably materialize unless systematic devaluation of the laid-down system (like it is/was evidently & evidentially writ large on the process leading to DENIAL OF PROMOTION TO THE UNDERSIGNED FROM SCALE III TO SCALE IV during the Promotion Exercise 2009) is adequately attended to and taken care of by the Appropriate Authority at the highest level.
What actually prompted this message of mine is, however, nothing but the EXPIRY of TAT vis-a-vis my APPEAL dated 07/01/2011), which does not appear to have been attended to as it was expected to (from Stage II onwards) if one has to go by the Grievance Redressal Mechanism literally and spiritually.
Regards,
S J Bardhan, Employee No. 15198,
Tinsukia DO (200400)
0 94351 80034(M)
-------------------------------------------------
PS: "As per MoPPG&P's OM no.21011/1/2010-Estt.A dt 13/4/2010, ACR (now APARs) prior to the period 2008-09 which would be recknoable for assessment of fitness in future DPCs contain final grading which are below Benchmark for next promotion, a copy of such APAR be given to the concerned employee before placing such APAR/CR before the DPC. If promotion is suffered due to ACRs prior to 2008-09 not communicated to the employee and placed before DPC without giving an opportunity to the employee to submit his say, the employee concerned can represent the issue. There is scope for change of grading based on factual position like performance during reporting period, non-communication of weaknesses during reporting period etc."
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-----N Barua/GRO/NIC wrote: -----
To: D R Sarkar/GRO/NIC@NIC
From: N Barua/GRO/NIC
Date: 01/07/2011 05:08PM
Subject: Fw: Humble prayer before the CEO for adequate reparation upon Unravelling the humongous damage done to my career through the instrument called CR
Dear Sir,
I am forwarding a mail received from Sri S.J. Bardhan, Dy. Manager which would be found self explanatory. On the matter I have no comments to offer on the matter. However, as-far-as my 3 (Three) months in this office I have found him to be concerned, co-operative and willing to work to be part of the team.
Regards
Nilim Barua
Sr. Divisional Manager
National Insurance Company Ltd.
Tinsukia Divisional Office
Inder Mansion (2nd Floor)
A.T. Road
Tinsukia 786125
WAN No. 200400001
Cell No. 9435734990/ 9864068852
Phone: 0374 2337154
-----Forwarded by N Barua/GRO/NIC on 01/07/2011 05:01PM -----
To: N Barua/GRO/NIC@NIC
From: S J Bardhan/GRO/NIC
Date: 01/07/2011 03:22PM
Cc: D R Sarkar/GRO/NIC@NIC
Subject: Humble prayer before the CEO for adequate reparation upon Unravelling the humongous damage done to my career through the instrument called CR
Shri Nilim Baruah,
Sr. Divisional Manager, Tinsukia D O.
Sir,
With a heavy heart, I would like to lay before you (my immediate superior)
the following few lines:
1) I wish I had never found out what I have; for in that event I would
have been at least spared the excruciating pain and agony of being left
thoroughly astounded, drained, devastated and thus demotivated.
2) But having found out what I have, I am left askance as to what horrendous sin of criminal culpability I had committed to attract such appallingly adverse rating/grading (non-communicated) as to achieve the dubious distinction of scoring (-)15.4 out of 45 in 2 successive years (2006-07 & 2007-08) under the parameter called CR, from the distinguished dispensation headed by Mr. D R Sarkar, CRM, GRO.
3) Perhaps the adjective 'adverse' by itself will be an understatement in as much as even amidst one's wildest nightmare can one hardly envisage breaking the base threshold of '0' and sink further down the barrel to (-) 15.4 and yet kept unaware all throughout as to the whys and wherefores that pushed him/her down (to) this black hole (and hence tantamount to violation of the principles of natural justice)!
4) I am however still inclined to believe that something somewhere must have gone horribly wrong by way of inadvertent mistakes/errors along the procedural process at various stages and levels, which ought to be recommended suo motu for rectification including Entries borne out of malice and prejudice (absolutely personal and unrelated to performance and therefore malafide).
5) How come I could get 34.7 in the CR for 2008-09, when my assigned
operational domain was limited practically to Motor Claim (at Tinsukia DO) vis-a-vis a much wider area of operation and of course contribution comprising, inter alia, Marketing, Motor OD, CSD/CRM, Role of Regional Underwriter (Motor-Detariffing) et al during 2006-07 & 2007-08 (at GRO). Anyone participating in the Conference on Detariffing (Motor) at Parwanoo(HP) in late June 2006 will vouch for the quality (or lack of quality) of my presentation-cum-representation of GRO in that Conference and afterwards. Moreover, it was during this very GRO tenure that I got my 1st Stagnation Increment (due from 01/06/2007), which could not have been possible but for SATISFACTORY PERFORMANCE/WORK REPORT!!!
6) Having come thus far from the rank of Asstt(T), it is indeed beyond my realm of imagination as to how and why I should be made a hapless victim of discrmination and deprivation through assumption of the classic role of "Judge, Jury and Executtioner" by the distinguished dispensation and that too without the Accused getting even a whiff of an accusation/accuser/
prosecutor - let alone a proper hearing and hence violative of the basic tenets of established rules. More so, when the CRs are usually (in this part of the country) initiated, written, reviewed and filed ex post facto and in this case sans "self-appraisal" as well (by the appraisee).
In view of the foregoing, I cannot but fervently urge upon you to so take up the matter (with the appropriate authorities) that this ordinary but true NICian may at last get to see the proverbial "light at the end of the tunnel".
Regards,
S J Bardhan, Scale-III,
NICL, 2nd Floor Indar Mansion, A T Road,
TINSUKIA 786125.
PS:"Performance appraisal through Confidential Reports should be used as a tool for human resource development. Reporting Authorities should realise that the objective is to develop an officer so that he/she realises his/her true potential. It is not meant to be a fault-finding process but a developmental one"...extract from PERFORMANCE APPRAISAL: PHILOSOPHY AND APPROACH.... DOPT Brochure.
"Integrity needs no rule of law"...Albert Camus.
prabhakar singh
(Expert) 14 November 2011
Why loins of service laws are shy to attend
your query and are busy in replying what they really do not know,is my appeal to them.
Sibajyoti Bardhan
(Querist) 14 November 2011
Respected Shri Singh,
That my query could evoke (on the 4th day since its posting) something in the form of this post of yours is, for me, no mean an achievement.
It would have been better though to have received a pointed and meaningful response, which, I cannot but look forward to with bated breath.
Sibajyoti Bardhan
(Querist) 14 November 2011
Respected Shri Singh,
That my query could evoke (on d 4th day since its posting)atleast something in d form this post of yours, is - for me - no mean an achievement.
Would have been better though to have reived a pointed & meaningful reply, which, I cannot but look forward to with bated breath.
R.Ramachandran
(Expert) 14 November 2011
Dear Mr. Sibajyoti Bardhan,
As per Section 14(2) of the Administrative Tribunals Act, 1985, (2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controller by Government, not being a local or other authority or corporation [or society] controller or owned by a State Government:
It is seen that the Central Govt. had not notified any of the Insurance Companies under its control to come under the jurisdiction of the CAT.
Please see the list of organizations that come under the jurisdiction of CAT by visiting http://cgat.gov.in/department_wise.htm
P.S.: Don't take it for granted that somebody who has knowledge in the Service law jurisprudence always sits before the LCI website all the day and watching for query to be answered immediately just as the query arrives on the screen. While you may call it a 4 day wait from 11.11.2011 to 14.11.2011, practically speaking there is no delay in attending to your query, especially considering that there were intervening holidays (second Saturday and Sunday). Except posting the query in the site you did not do anything to feel as though you have done something great to achieve anything. Similarly, we have also do not claim to have done anything great by simply trying to answer your query the moment we get time to attend.
Sibajyoti Bardhan
(Querist) 14 November 2011
Respected Mr. Ramachandran,
Could agree more, Sir, with your PS.
Shall be grateful if advised about the BEST
alternative in a situation like this.
Is Writ Petition the ONLY way out?
R.Ramachandran
(Expert) 14 November 2011
When CAT does not have jurisdiction, you have to approach only the High Court. In such a situation, WRIT is the only way.
Kirti Kar Tripathi
(Expert) 15 November 2011
Mr. Ramchandran has given clear position of law in present query. CAT jurisdiction is not available in the present case. Only remedy available to you is to file writ petition in the Hon'ble High court.
