Dr. Vineet Kothari, J. - (1.) THE petitioner has filed the present writ petition seeking following relief/s: - It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and; A]. By an appropriate writ order or direction the respondents may be directed to consider the case of the petitioner for granting him special promotion on the post of Senior Assistant by condoning the delay caused in submitting the application and grant him the benefit of promotion on the said post. B]. By an appropriate writ, order or direction the letter dated 15.3.2012 (Annex. 5) issued by the respondent No. 3 may kindly be declared illegal and the same may also kindly be quashed and set aside. C]. By an appropriate writ, order or direction, the respondents may kindly be directed to grant him the benefit of promotion on the post of Senior Assistant from the date he became eligible and also grant him all consequential benefits. D]. Cost of litigation may also kindly be awarded in favour of the petitioner. Any other appropriate order or relief which this Hon'ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble petitioner.
(2.) THE petitioner was working as Assistant in the respondent -United India Insurance Company Ltd. (for short, hereinafter referred to as 'Company'). Under the Scheme framed for One Time Promotion avenue given to such Assistants, under para 25A of the Promotion Exercise, 2011, for SCS Staff vide the Annex. 2, dated 15th February 2012 on the basis of satisfactory work record and upon evaluation of the seniority, qualification and work performance, the Assistants were to be considered for promotion to the next higher cadre of Senior Assistants as one time measure and the applications for this purposes, were invited from the employees of the Company who were working as Assistants, between the period 15.02.2012 to 27.02.2012, within a short span of 12 days only. The petitioner is said to have suffered from sickness and was hospitalized for some surgical intervention in his Gall Bladder and he remained hospitalized from 10.02.2012 to 21.02.2012 for a period of 12 days. Due to his hospitalization and while recovering from the said illness, he could not apply for such promotional avenue on or before 27.02.2012 but applied for the same on 14.03.2012. However, the application for consideration was rejected by the respondent -Company vide the impugned order (Annex. 5) dated 15.03.2012 on the very next day. The petitioner on achieving the age of superannuation retired from the services of the respondent Company on 31.08.2012 and thereafter preferred this writ petition on 29.10.2012 for claiming relaxation the said cut off date.
(3.) MR . Vinit Kumar Mathur, learned counsel for the petitioner submitted that under Clause 26 of the relevant Rules produced on record as Annex. 7, the respondent -Company has power to relax/modify the Promotion Policy and, therefore, the said cut -off date dated 27.02.2012 could not be treated as a straitjacket closing date and in the circumstances and for the reasons beyond the control of the petitioner, the said date deserved to be relaxed for considering the case of the petitioner who was nearing his retirement of once in a life time promotion to the next higher post of Senior Assistant could be given to him condoning a minor delay in applying for the same, and appropriate direction may be issued to the respondent Company.;