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

JUDGEMENT

(1.) The instant appeal arises from the order dated 18.03.2014 passed in W.P. No.25951 of 2010, which was filed by the respondent herein.

(2.) For the sake of brevity, clarity and convenience, the parties are referred to as per their arraignment in the instant appeal.

(3.) The facts as projected by the respondent are that he was initially appointed as a Sub-Staff on 26.06.1986 in the Divisional Office of the appellant Insurance Company at Salem. The next avenue of promotion is to the post of Record Clerk. The Sub-Staff has to pass the departmental test for being eligible for consideration for promotion to the post of Record Clerk. The respondent, admittedly, appeared in the departmental test successfully for promotion to the cadre of Record Clerk, held on 7th and 8th June 1990, as is evident from the notice dated 08.06.1990 of the appellants. Despite passing the departmental test, the respondent was not promoted as Record Clerk, when, according to him, a number of juniors in the lower post were promoted in the year 1991. The respondent was ultimately promoted on 05.10.1998, after more than 5 of his juniors were promoted as Record Clerk. The respondent submitted a representation on 08.07.1991 to the Branch Secretary, Tamil Nadu General Insurance Employees Union, Salem, for promoting him to the post of Record Clerk. It transpires that on 01.06.1994, the Senior Divisional Manager wrote to M.R.O. Madras, requesting to examine the case of the respondent being an eligible candidate for promotion against a RC vacancy at Sankagiri. The respondent was granted thereafter promotion on 05.10.1998. The respondent, again, made a representation dated 09.05.1997, signed on 09.05.1999, to consider his case for promotion as Record Clerk. The respondent again kept quiet and made one more representation on 30.03.2007 to consider his 8 years of service for the next grade promotion, as he cleared the departmental examination in 1990, but, was not promoted for about 8 years. Thus, the said seniority be granted to him for consideration to the next grade promotion.