B R NAIR, ASSISTANT BRANCH MANAGER Vs. LIFE INSURANCE CORPORATIONN OF INDIA; EXECUTIVE DIRECTOR (PERSONNEL); SECRETARY, PERSONAL ADMINISTRATION; K SWAMINATHAN, SENIOR DIVISIONAL

JUDGEMENT

(1.) The petitioner is a Class I Officer working under the 1st respondent, the Life Insurance Corporation, in the post of Assistant Branch Manager (Sales), a post available in the Marketing Wing. By Ext.P1 order dated 19/05/2009, he was posted as Assistant Administrative Officer in the Administrative Wing on de-rotation. It is this order, which is under challenge.

(2.) The petitioner contends that Ext.P9 is the circular issued by the respondents, governing job rotation of Officers of the Corporation. According to the petitioner, though he commenced service on 01/10/1984 as a Development Officer, since his promotion as Assistant Branch Manager (Sales) on 02/11/1998, he has been working in the Marketing Wing of the Corporation. It is contended that he has now been de-rotated from the Marketing Wing to Administrative Wing. According to the petitioner, he was overlooked in the matter of promotion in 2006 & 2007, and that his writ petition complaining of such supersession is pending before this Court. It is stated that it is on account of the above, for malafide reasons and to harass the petitioner, he has now been shifted to Administrative Wing. It is also his complaint that as a result of this shifting, he will be losing many of the perquisites he is enjoying.

(3.) In the counter affidavit filed by the respondents, they assert for the position that the petitioner being a Class-I Officer of the Corporation, it is up to the 1st respondent to decide on what best manner the services of the employee is to be made use for the purpose of the Organisation. According to the respondents, in term of clause 20 of the Staff Regulations, they are entitled to post any Class I employee in any Department, and that it is in exercise of the power that they have issued Ext.P1. According to the 1st respondent, this essentially is an order transferring the petitioner from one Department to other.