MEHTA HARSHWARDHAN Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) Petitioner, earlier vide order No. Corp HRM.CL. 1.13 dated 05.08.2013 was transferred and posted as Branch Manager Jammu in the respondent Insurance Company. Aggrieved thereof he had filed writ petition bearing SWP No. 1515/2013, wherein it was projected that the petitioner is suffering from malignancy so would not be in a position to get necessary medical treatment at Jammu. Confronted with that position, counsel for the respondents had made a submission to the effect that the respondents will accord consideration to the request of the petitioner for being posted at Srinagar at the place where he shall have lesser responsibilities in comparison to that of a Branch Manager. On the said basis petition was disposed of in terms of the order dated 05.06.2014 in the following manner:--

(2.) Respondents (Insurance Company) in its objections highlighted that the normal period of posting at one place is five years. Petitioner has remained posted at the Branch Office, Residency Road Srinagar since February, 2006, as such, has continued there for more than seven years. He was transferred to Jammu but in compliance to the orders of the Court passed in SWP No. 1515/2013 was retained, but now he has been promoted to the post of Deputy Manager which is the post equivalent to Senior Branch Manager and posted in D.O. 351200 which is located in Srinagar and is at the distance less than 2 kms. from the Residency Road Branch.

(3.) It is also projected that at the place of his posting he will have lesser responsibilities which will suit him in view of his ailing health. Furthermore, it is stated that no service benefits in any way are getting affected, however, certain facilities attached to the post of Branch Manager such as, vehicle, petrol facilities and internet are attached to the said post to have access to the clients for promoting business of the Insurance Company. Petitioner does not have vested right to be posted according to his choice when he has already remained posted in the Branch Office, Residency Road Srinagar for seven years as Branch Manager, therefore, cannot be posted there as Senior Branch Manager (Deputy Manager). He is the resident of Chandigarh, Punjab. In view of his health condition, as projected that he wants to remain at Srinagar even on his promotion, has been accepted.