JAG MOHAN SHARMA Vs. LIFE INSURANCE CORP OF INDIA

JUDGEMENT

(1.) THROUGH the medium of this petition, the petitioner is seeking relief of issuance of a writ of Mandamus directing the Respondent No.1 to promote the petitioner to the post in the cadre of Assistant -Divisional Manager/Senior Branch Manager and in the alternative for quashing the promotions of the respondents 5 to 67.

(2.) THE petitioner has averred in the petition that he was appointed as Assistant Administrative Officer pursuant to All India Competition and sent for one year training at Officers Training College, Bombay and Life Insurance Corporation Divisional Officer, Jabalpur. He was adjudged as Second best Officer of the group during the training course and awarded a silver medal and wrist watch for his best performance. He was promoted as Administrative Officer in the year 1984. He has submitted that he is eligible for consideration and promotion to the post of Assistant Divisional Manager/Senior Branch Manager, but the respondents 1 to 4 have not considered and promoted the petitioner to the next higher grade. The Officers for promotion have been considered up to the year 1984 batch and for such consideration, no interview was conducted for adjudging merit and suitability of the eligible Officers. The Departmental Promotion Committee was left with confidential reports of the Officers to be considered for promotion. The petitioner further submits that his ACRs for the year 1984 to 1988 do not contain any adverse entry and no adverse remarks have been communicated to the petitioner The petitioner illegally have been denied promotion by the respondents 1 to 4 and against the illegal and improper denial of promotion, the petitioner made a representation to the Managing Director, Respondent No.1, but failed to get justice as the petitioner has not heard anything about the fate of his representation and his request for personal interview. The petitioner has alleged that the record of performance of the petitioner has remained excellent and despite that fact, the petitioner being senior to respondents 5 to 67, having no adverse entry in the Confidential Reports, have been deprived of the Promotion illegally.

(3.) THE contesting respondent No.1 has filed the counter -affidavit controverting the factual and legal grounds. Respondents 1 to 4 have stated that the selection of the candidates for promotion to the next higher post have been made in accordance with Regulation No.7 (3) of the Life Insurance Corporation of India (staff) Regulations, 1960. The number of eligible Officers for according consideration for selection and promotion would normally be two/three times more to the required number of vacancies to be filed up. The respondent -Chairman under his order dated 19 -1 -1989 appointed a Assisting Committee as required in terms of Sub -Regulation (2) of Regulation 7 of the Staff (Regulations), 1960. The Assisting Committee was furnished with the Confidential Reports of Officers eligible for promotion and after considering the eligible Officers, the Committee recommended 248 Officers for promotion to the cadre of Assistant Divisional Manager/ Senior Branch Manager. It is further submitted that the petitioner was also considered by the Assisting Committee and was not recommended for promotion so he was not found suitable for promotion in terms of Regulation 7(3) of the Staff (Regulations), 1960.