NEW INDIA ASSURANCE OFFICERS ASSOCIATION THROUGH ITS GENERAL SECRETARY Vs. THE NEW DELHI ASSURANCE CO. LTD. THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) The Officers' Association of the New India Assurance Company is the petitioner. It prays for the issue of a writ of mandamus directing the Respondent-Company to consider the claim of the members of the Association for promotion to the posts of Assistant Managers and for quashing the action of the authority "in declaring 70 vacancies for the financial year 1993-94 for promotion to the posts of Assistant Managers .." The petitioner's case is that the number of posts has not been determined in accordance with the criteria postulated in the order dated November 27, 1992 which provided that the "vacancies will be calculated based on the premium target for the financial year 1993-94 and the retirements during that period."

(2.) The respondents resist the petitioner's claim primarily on the ground that the number of promotional vacancies have to be determined on the basis of "the norms/guidelines adopted for calculating the cadre strength by the Company/GIC..." In the very nature of things, the number of vacancies is dependent upon various factors "such as replacement for retirement, promotion to higher cadre, projected contingencies for death, resignation and other exits, office contingency, restructuring of offices etc..." By giving a comparative chart, it has been pointed out that even when the premium target has risen, the number of vacancies has been sometimes comparatively lesser.

(3.) We have heard learned counsel for the parties.