VASUDEV VYAS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) BY way of this writ petition, the petitioner, working on the post of Assistant (C) with the respondent National Insurance Company Limited (hereinafter referred to as the 'respondent Company') and having been transferred from Divisional Office, Jodhpur to Branch Office, Balotara, has challenged the transfer order dated 18. 08. 2006 (Annex. 7) as being violative of statutory requirements.

(2.) PUT in a nut-shell, the contentions of the petitioner are that a part of Transfer Policy as framed, and the consequential Administrative Instructions as issued by the respondent Company are not in conformity with the statutory Scheme related with such transfers; and that his transfer order has been issued by an officer who could not have been and has not been authorised to do so; and further that the transfer order has been issued even contrary to the terms of the Transfer Policy.

(3.) THE petitioner has further averred that to his knowledge, the respondent Company has issued Administrative Instructions on the said Transfer Policy but being not in possession of such Instructions issued by the respondent Company, has placed on record as Annexure-6 a copy of the similar nature Instructions issued by another insurance company, namely, THE New India Assurance Company Limited. It may be pointed out that during the course of submissions in this matter, learned counsel for the respondent has placed on record a copy of the Instructions so issued by the respondent Company and, as agreed, the same have been taken into consideration as substitute of the document Annexure-6. THE petitioner has pointed out that the competent authority for issuance of transfer order has been prescribed in clause 10 of such Administrative Instructions; and as per subclause (2) of clause 10, for transfer from one office to the other within the same region, the prescribed authority is Chief Regional Manager at regional office.