G. THIRUMAL Vs. THE DEPUTY GENERAL MANAGER & APPOINTING AUTHORITY (PERSONNEL), THE ORIENTAL INSURANCE COMPANY LTD. AND ORS.

JUDGEMENT

(1.) THIS Writ Petition has been filed to direct the respondents to treat the petitioner as Scale -II Officer (Assistant Manager) with effect from 08.07.2010.

(2.) THE petitioner was appointed as Assistant (T) on 08.01.1985 in the respondent Organisation. He was promoted as Senior Assistant in the year 1990 and subsequently, promoted as Scale -I Officer in the year 2003. He became eligible to be promoted as Scale -II Officer in the year 2010. His name was included in the promotion list for the year 2010 -2011. The said list was displayed in the portal of the respondents. However, he was not served with the list. On promotion, he was posted to Tuticorin. He did not join duty at Tuticorin, as the promotion order was not served on him.

(3.) THE second respondent filed counter affidavit denying the various averments made by the petitioner. It is stated that the petitioner was promoted as Scale II Officer and the promotion order dated 08.07.2010, bearing Ref.PRM/CBRO/2010 -11/21, was served on the petitioner. After receiving the said order, the petitioner refused to acknowledge the receipt of the same. The petitioner gave two representations dated 05.08.2010 to the second respondent. In one representation, the petitioner admitted that he has received the promotion and posting order, dated 08.07.2010. In another representation, the petitioner had stated that he came to know about his promotion and posting. In both the representations, the petitioner requested for retaining him in Madurai itself or in any one of the Office in and around Madurai.