N.K. THAKUR, ASSISTANT MANAGER Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, NATIONAL INSURANCE COMPANY LIMITED AND ORS.
LAWS(P&H)-2008-1-178
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 25,2008

N.K. Thakur, Assistant Manager Appellant
VERSUS
Chairman -Cum -Managing Director, National Insurance Company Limited And Ors. Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) THE petitioner, who is working as Assistant Manager with the respondent -Company has invoked the writ jurisdiction of this Court seeking a writ of mandamus directing the respondents to consider the name of the petitioner for promotion to the post of Deputy Manager from the date his juniors were promoted, with all consequential benefits.
(2.) THE petitioner qualified the departmental competitive examination in terms of the pre revised promotion policy of the respondent -company. The petitioner's ranking was at serial No. 9 in the ranking list dated 27.9.1985, whereas Rakesh Mohan and Manjit Singh Arora were mentioned at serial Nos. 11 and 13 respectively in the said ranking list. The next promotion from the post of Assistant Manager, on which the petitioner was working, is to the post of Deputy Manager. The promotion to the post of Deputy Manager is governed by the Promotion Policy for Class -I Officers. The said Policy contemplates the criteria for promotion and weightage to be granted to the various aspects while considering the claim for promotion.
(3.) IT is the case of the petitioner that while considering the case of promotion to the post of Deputy Manager, he has been ignored, but his juniors i.e. Rakesh Mohan and Manjit Singh Arora have been promoted. The challenge of the petitioner is that his juniors have been promoted illegally, arbitrarily, whereas the claim of the petitioner for promotion to the post of Deputy Manager has been rejected. In reply to the writ petition, the criteria for promotion has been mentioned, which is reproduced as under: (7) Criteria for promotion and weighage: 7.1 Selection for promotion shall be based on Seniority, Insurance Qualifications and Merit -cum -Growth potentials as brought out in performance appraisals. In assessment, the maximum weighage in terms of numerical marks from cadre of A.M. to Deputy Manager will be as under: (a) Seniority : 30 (b) Insurance Qualification : ((THELAW)) C.R. Form: i) Traits in C.R. : 20 ii) Performance : 25 iii) Growth Potential : 25 Total : 100 xx xx xx;


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