L P SINHA Vs. LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) In this application under Arts. 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 6-5-1980 whereby respondents 4 to 21 were promoted to the post of Branch Manager (vide Annexure-3), the order dated 14-5-81 wherebv respondents 22 to 35 were promoted to the post of Branch Manager, the order dated 23-7-1981 whereby respondent No. 36 was promoted to the post of Branch Manager the order dated 6-5-1982 whereby respondents 37 to 48 were promoted to the post Branch Manager and the order dated 24-7-1981 whereby respondent Nos. 49 and 50 were promoted to the post of Branch Manager in the office of the Life insurance Corporation of India (herein- after referred to as 'L. I. C). It may be noted here that initially only 48 persons were made respondents to this application, but later on, respondest Nos. 49 and 50 were added vide order No. 11 dated 4-5-1983.

(2.) The short facts, of this case is that the petitioner is presently working as Assistant Branch Manager (D) in Munger Branch of the L. I. C. According to the petitioner, he has an unblemish career and for his hard work and sincerity got several letters of commendation and awards. According to him, he has worked with the power of Branch Manager several times whenever a permanant Branch Manager used to go on leave. He was also given independent charge of Dumka office from 9-8-76 to December, 1978. The petitioner has also worked with the power of senior Branch Manager from 27-5-1974 to 4-7-1979 at Munger office.

(3.) The case of the petitioner is that L. I. C. by letter dated 31-1-1977 issued a seniority list of officers working in Eastern Zone as Assistant Branch Manager (D) and Assistant Branch Manager (A)/Assistant Administrative Officers who were promoted as such on or before 31-12-1974 and on and after 1-1-1975 respectively. This petitioner was promoted as Assistant Branch Manager (D) in July, 1972. His name finds place at serial No. 6 of Group XXII of the seniority list of the Eastern Zone in the cadre of Assistant Branch Manager (D). a copy of whieh is Annexure-2 to this writ application. It is admitted position that the promotion for the higher grade is made Zone-wise. It is also admitted that officers promoted simultaneously will be put in one group and seniority in the group will be decided on the basis of age. In other words, a person in age will mark senior to the person of the same group who is younger.