PANKAJ PRAKASH Vs. UNITED INDIA INSURANCE COMPANY LTD THRU CHAIRMAN & ANR
LAWS(ALL)-2016-10-29
HIGH COURT OF ALLAHABAD
Decided on October 06,2016

Pankaj Prakash Appellant
VERSUS
United India Insurance Company Ltd Thru Chairman And Anr Respondents

JUDGEMENT

- (1.) Heard the petitioner in person and learned counsel for the opposite parties.
(2.) The petitioner through this petition has challenged his non-promotion on the post of Manager though his juniors were promoted on 29.5.2014 and the petitioner was eligible in all respect to his claim for promotion.
(3.) The facts as averred in the writ petition are that the petitioner was originally appointed as Assistant Administrative Officer on 27.11.1989 with the opposite parties. Thereafter, he was promoted on the post of Administrative Officer in May, 1998. The petitioner worked and performed his duties and he was later on promoted to the next higher post on Deputy Manager in August, 2009. The next promotion on the post of Manager was due in the year 2012 as the minimum required service of the post of Deputy Manager for promotion on the post of Manager was three years, but on account of the fact that the promotions could not take place, the case of the petitioner could be considered in the year 2014 when promotions of other similarly situated persons working on the post of Deputy Manager were considered. The petitioner's claim for promotion was considered by the Departmental Promotion Committee, which found that the petitioner was not fit and therefore proceeded to reject the case of the petitioner for promotion. The petitioner has preferred the present writ petition only on the limited grounds that the circular dated 19.10.2012 issued by the Government of India, Ministry of Finance to the Chief Executive, General Insurers' (Public Sector) Association of India was binding upon the opposite parties and the opposite parties were obliged to communicate all the entries of the petitioner and thereafter could have considered the claim of the petitioner for promotion on the post of Manager.;


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