A. SUNDARAM Vs. THE CHAIRMAN & MANAGING DIRECTOR, NATIONAL INSURANCE COMPANY LTD. AND THE CHIEF REGIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) IN this writ petition, the petitioner has sought for issuance of a writ of certiorarified mandamus to quash the proceedings of the second respondent dated 03.02.2010 and promote the petitioner to the post of Record Clerk from the date on which his juniors were promoted, along with consequential seniority in the post of Assistant, with all monetary benefits. The brief facts of the case are as under:

(2.) MR . V. Bharathidasan, learned counsel for the petitioner, by referring to the proceedings dated 08.06.1990, submitted that the petitioner has been placed in Serial No. 14 in the said proceedings which is the list of candidates who have been declared successful in the Departmental Test for promotion to the cadre of Record Clerk and in 1990, the petitioner ought to have been considered for promotion under the Scheduled Caste category, but, persons who were junior to him in the list dated 08.06.1990, viz., M. Thangaraj (Serial No. 15) and C. Kandasamy (Serial No. 19) were given promotion. Further, it is submitted that another set of 25 candidates passed the Departmental Test on 19.06.1991; in the order of promotion dated 28.06.1991, the persons who had passed the Departmental Test on 19.06.1991 and who were juniors to the petitioner, were given promotion, but, the petitioner was retained in the contingent list; similarly, in the promotion order dated 29.05.1992, the petitioner's juniors were promoted in the Scheduled Caste category and the petitioner's name was retained in the contingent list; therefore, the action of the respondents is wholly arbitrary and illegal.

(3.) BY referring to the tabulated statement in page No. 3 of the counter affidavit, it is submitted by the learned counsel for the respondents that in the 1991 and 1992 ranking lists, the petitioner's name appeared in the contingent list (SC) and contingent list (General) respectively, but, they were not cleared; in 1993, there was no vacancy; in 1994, there was no vacancy declared in General and Scheduled Caste categories; similar was the position in 1995, 1996 and 1997; only in 1998, the Scheduled Tribe vacancy was declared as inter -changeable as Scheduled Caste and the petitioner was granted promotion; therefore, the order of promotion granted to the petitioner pursuant to the conversion of the Scheduled Tribe vacancy to Scheduled Caste vacancy, is just and proper.