R.K. Sharma v. Oriental Insurance Co. Ltd. and Ors.

1. Counsel for the petitioner has been heard on the main writ petition.

2. By this writ petition, the petitioner seeks the relief of promotion on account of his having cleared the written test for Scale III and so declared vide list dated 28.2.2008 of the respondent No.1/employer. Petitioner is placed at serial No.75 of this list of candidates who have cleared the written test. 2013:DHC:1311

3. On being asked as to what are the rules which govern the promotion from Scale-II to Scale-III, and which relief the petitioner is seeking, counsel for the petitioner has drawn the attention of this Court to the criteria for promotion which are given at running pages 194 to 196 of the paper book. As per this promotion criteria, the total weightage of 100 marks is divided into four parts i.e 30 marks for written test, 5 marks for insurance qualifications, 35 marks for work record and 30 for seniority. The aforesaid marks of 30, 5,35 & 30are the maximum permissible marks, however, what will the actual marks for each head will be of the result of written test, insurance qualification, work record and of seniority which is to be scrutinized by a Promotion Committee as stated in Rule 12 at running page

196.

4. Counsel for the petitioner has then drawn the attention of this Court to the marks given to the petitioner which are filed at running page 86 being the Annexure R-1/1 to the counter affidavit of the respondent. This annexure shows that the petitioner has only secured 28.38 marks with respect to the promotion exercise, 2008-2009. This annexure further itself shows that the last officer in the 75% list secured 76.24 marks, last officer in 25% list secured 53.74 marks, whereas the petitioner only got 28.38 marks, and hence was not declared entitled to be promoted.

5. Counsel for the petitioner argues that marks given being 28.38 are not correct, however, no such factual basis is laid in the writ petition, and thus I fail to understand as to how the Promotion Committee which has scrutinized the relevant criteria for considering the promotion of the petitioner can be said to be wrong on a bald assertion that the weightage of a total of 100 marks has wrongly been given so far as the petitioner is concerned.

6. Finally, counsel for the petitioner states that he is senior to other persons promoted and therefore he is entitled to promotion. This argument is without merit because for promotion to higher post, and as already stated above, seniority is only one of the aspects and the other aspects as per the rules have also to be considered by the Promotion Committee, and on considering which, the Promotion Committee has found the petitioner unfit for promotion as he has secured marks much lower than other officers who have been promoted.

7. In view of the above, there is no merit in the petition which is accordingly dismissed.

8. Next date of 8.8.2013 will stand cancelled. C.M. Nos.20326/2011 (stay) and 2982/2013 (under Section 151 CPC for directions)

9. Since the writ petition is disposed of, all the pending applications also stand disposed of.

VALMIKI J. MEHTA, J MARCH 08, 2013 Ne