S.S.YADAV Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Petitioner is aggrieved by his non-promotion to Scale III cadre of respondent in the Supplementary Promotion Exercise of the year 2008-09 and Promotion Exercise (PE) of the year 2009-2010, which as per petitioner was on account of adverse remarks in his Annual Confidential Reports (ACRs), which were not communicated to him. The present petition having been filed in the year 2009, in the interregnum petitioner was promoted and is currently working in Scale V. However, it is the case of petitioner that due to non-grant of promotion to petitioner in the PE of the year 2008-09 and 2009-10, petitioner has consistently served at a lower cadre than other officers who were previously junior to him in the zone of consideration in the PE of the year 2008-09. Thus, petitioner is seeking promotion to Scale VI in parity with his juniors who were promoted in the promotion exercise of the year 2008-09 and 2009-10. Petitioner is further seeking for directions to respondent for consideration of his case for promotion to Scale VII cadre.

(2.) Petitioner joined the service of respondent in the year 1991 at senior level officer grade on Scale I after passing the entrance test and the Written Examination as conducted by the General Insurance Corporation of India. Subsequently, he was promoted to Scale II as Assistant Manager.

(3.) Petitioner was served with a memo dtd. 6/7/2006 alleging that petitioner refused to attend the hearing before the office of Ombudsman in Delhi scheduled on 6/7/2006. Petitioner replied to the same stating that he was not informed about the purpose for which the hearing was fixed or the details needed for preparing for such hearing. Nothing further was intimated to petitioner qua the said memo.