1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1269 OF 2002 The New India Assurance Officers’ Association .....Petitioner V/s. The New India Assurance Company Ltd. ..... Respondents Mr.Ketan A. Chothani, for the petitioner. Mr.V.Y.Sanglikar, for the respondent. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JUNE 23, 2009 P.C. 1. By way of this petition, the petitioner’s association which is an Association of Officers of the New India Assurance Company Ltd., has challenged the promotion policy framed by the respondent. The challenge in the petition is limited qua Class I Officers. The challenge in this petition is regarding Clause Nos.6.2 and 7.1 of the promotion policy. The grievance of the petitioner is that the clause 6.2 regarding zone of consideration is not just and proper as all eligible candidates are required to be called for consideration for promotion. The learned counsel for the petitioner submitted that in a given case, the candidate is otherwise 2 required to wait for number of years before he comes within the zone of consideration as per the existing policy. There is also challenge regarding criteria and weightage as per Clause 7.1 of the promotional policy. 2. After arguing the matter for some time, this Court was of the prima facie opinion that this being a policy decision, the powers of this Court in connection with the policy framed by the respondent Department for promotion is limited and as per the Judgment of the Supreme Court in the case of K.Samantaray V/s. National Insurance Co. Ltd., (2004) 9 SCC 286, the very policy which was challenged on some other points, the said policy was upheld by the Supreme Court. 3. The learned counsel for the petitioner submitted that the point raised in this petition was not the subject matter before the Supreme Court. The learned counsel for the respondent submitted that even though the challenge to the policy may be in connection with some provisions, but ultimately, it can be said that the policy as a whole, is approved by the Supreme Court. On this point, at present, we have not expressed any opinion on this aspect. The learned counsel for the petitioner submitted that he would like to withdraw this petition with a view to make appropriate representation to the respondent. If any representation is made by the petitioner’s Association, the respondent may decide the same in accordance with law and as deemed fit. For this 3 purpose, any opinion or decision of the Central Government is required, the respondent after receiving the representation may forward the same to the Central Government. The Central Government after receiving the said representation from the respondent, may accord the necessary note/decision on the said representation and on that basis, the representation of the petitioner may be decided by the respondent. The decision may be taken within a period of six months by the respondent accordingly and whatever may be the decision shall be communicated to the petitioner without delay. The petitioner shall make representation within a period of three weeks from today. 4. Subject to what is stated above, the petition is disposed of. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)