Chennai: All is not well in the government insurance sector and IRDAI with regard to elevation of officials, it seems.
Orders by two different High Courts relating to non-promotion of insurance industry experts, has shocked the sector.
In both cases, the court decisions were in favour of the petitioners.
In one case, the aggrieved party is Ravi, General Manager, National Insurance Company Ltd.
And in the other, it was S.N. Jayasimhan, Joint Director now known as General Manager, Insurance Regulatory and Development Authority of India (IRDAI).
Nonetheless, the Telangana High Court held that the IRDAI’s then Chairman could not relax the qualifications for the post of CGM.
As per the IRDAI norms, only an FCA can be Chief General Manager. The action of the Chairman in relaxing FCA to CFA/ICWAI and providing appointment to another is without jurisdiction and arbitrary.
Therefore, the high court ordered that Jayasimhan, FCA, is the only person qualified. The IRDAI shall consider his case for the post of Chief General Manager forthwith with all consequential benefits.
Also, it set aside the promotion orders of Mamata Suri, Executive Director, IBBI, on deputation from the IRDAI. Suri does not possess the FCA qualification and her promotion is illegal.
However, the Chairman does not have the power of relaxing the qualification. No resolution to that effect has been passed.
The action of the Chairman in relaxing FCA to CFA/ICWAIis wrong. Promoting Suri is contrary to law, arbitrary, and without jurisdiction.
On her part, Suri preferred an appeal against the Single Judge’s order. The Bench ordered an interim suspension of the Single Judge order. Its order does not stop the IRDAI promoting Jayasimhan in the existing vacancies.
The Delhi High Court on Monday held that the BBB cannot select the GM and Directors of public sector general insurers. It is not a competent body.
It also ordered setting aside of appointments made pursuant to the selections of GMs and Directors of public sector general insurers..
Ravi complained people junior to him were selected by the BBB for the position of Director in public sector general insurers twice – in August 2020 and May 2021.
The circulars enabling the BBB to select the General Manager and Directors of government owned general insurers are not legally valid and are set aside.
“Consequently, the impugned selections could not have been undertaken by the BBB. The appointments made pursuant to the impugned selections of General Manager and Directors of PSICs (public sector insurance companies) are liable to be set aside. It is ordered accordingly,” it declared.
Interestingly, the other question that would arise is that when the BBB is not competent to select Directors, then how competent is it to select the Chairman and Managing Directors of the public sector general insurers.
