- (1.) This petition has been filed for quashing the entire selection proceedings for promotion from the post of Administrative Officer in the New India Assurance Company Ltd. (hereinafter referred to as the "Assurance Company') to the post of Assistant Manager and for a direction to the respondents to reconsider the case of the petitioner and to promote the petitioner with all consequential benefits including seniority, arrears of salary etc. from the date his juniors were promoted as Assistant Managers.
(2.) The petitioner was initially appointed as a Development Officer in the Assurance Company on 1.6.1978. He was, thereafter, promoted as the Assistant Administrative Officer and then an Administrative Officer. The dispute, which arises in the present petition, is about the next promotion to the post of Assistant Manager. The name of the petitioner was not included in the advance main list prepared by the Assurance Company for promotion to the post of Assistant Manager. Feeling aggrieved, the petitioner filed a representation for review of his case but he could not achieve any success. We have heard the learned counsel for the petitioner and Sri A.B. Saran, learned Senior counsel appearing for the respondent- Assurance Company and have perused the materials available on record.
(3.) Learned counsel for the petitioner submitted that for promotion the selection has been made on the basis of total marks obtained in order of merit rather than on the basis of seniority after fixing the required minimum merit and that no uniform objective and transparent norms or yardsticks were followed for awarding marks for performance, traits and growth potential. Learned counsel further submitted that the case of the petitioner was wrongly ignored at the time of review and that persons, juniors to the petitioner with inferior record, have been promoted. It was also stated that moderation of the total marks secured by various candidates was not done as stipulated in the promotion policy and that the petitioner was under assessed due to bias.;