G B SHAH Vs. GENERAL MANAGER

JUDGEMENT

(1.) . The petitioner above named working as a Divisional Manager (Assistant Manager) in the employment of the United India Insurance Company Limited, at his present post at Modasa, Sabarkantha - District, has preferred this petition before this Court under Article 226 of the Constitution of India for appropriate writ, order or direction directing the respondent - Insurance Company, the employer of the petitioner, to promote him to the post of Deputy Manager forthwith and for also a direction for quashing and setting aside the action of the respondent in not promoting the petitioner at the relevant point of time. The petitioner has further prayed for a writ, order or direction for quashing and setting aside the new promotion policy at Ex.B for the officers of the respondent - Insurance Company.

(2.) . Undisputedly, the petitioner has been serving at present as a Divisional Manager at Divisional Office of respondent - Insurance Company at Modasa, Sabarkantha District. The next promotional post from Assistant Manager (Divisional Manager) is the post of Deputy Manager.

(3.) . According to the case of the petitioner, the promotion to the post of Deputy Manager from Assistant Manager is on the basis of seniority-cum-merit for which the respondent considers the confidential report of last three years and as the criteria is seniority-cum-merit, unless and untill an employee has been found positively unfit, the promotion is being given to him. Undisputedly, the respondent has adopted a new promotion policy in the Year-1990 and the effect has been given to the said policy for the first time for the promotees who was promoted in the Year-1990 and onwards. In other words the new promotion policy has been brought into effect from 12th February, 1999 and the promotions have been based on the said policy.