TMI Blog2003 (9) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. It is not unusual that a person entering into a particular service has an expectation that he will go higher in the hierarchy and denial thereof results invariably in litigation. The case at hand is no exception. At the threshold of the litigious history, appellant was working as an Administrative Officer of the National Insurance Company Limited (hereinafter referred to as 'the employer'). A promotional policy was formulated on 14.2.1990 and is called Promotion Policy for Officers . It was indicated in clause 3.1 that provisions of this policy are applicable to promotion of Officers up to and including the cadre of General Manager. Appellant was not found suitable for promotion of the relevant periods i.e. 1991-92 and 1992 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd other relevant aspects, which are clearly linked and connected with the process of selection for promotion. The High Court by the impugned judgment held that the appellant was not entitled to any relief and there was no illegality in the decision-making process of the employer in denying promotion. Learned counsel for the appellant submitted that para 1.2 makes it clear that the basis for promotion is seniority-cum-merit alone and by allotting 42 marks out of 100, such policy has been overlooked by attaching undue importance to so-called merit. A decision of this Court in B. V. Sivaiah and Ors. v. K. Addanki Babu and Ors., [1998] 6 SCC 720 was referred to in order to substantiate the plea. In response, Mr. Mukul Rohtagi, learned Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has a right to be considered for promotion. The following observations in Sant Ram Sharma v. State of Rajasthan and Ors., AIR (1967) SC 1910 are significant : The question of a proper promotion policy depends on various conflicting factors. It is obvious that the only method in which absolute objectivity can be ensured is for all promotions to be made entirely on grounds of seniority. That means that if a post falls vacant it is filled by the person who has served longest in the post immediately below. But the trouble with the seniority system is that it is so objective that it fails to take any account of personal merit. As a system it is fair to every official except the best ones; an official has nothing to win or lose provided he d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the duties of the higher post, he may be passed over and an officer junior to him may be promoted. But these are not the only modes for deciding whether promotion is to be granted or not. Before we analyse the legal position further, it would be appropriate to extract some of the relevant paragraphs of the promotion policy. 1.1 The main objective is to rationalise and codify the existing guidelines relating to promotions within the Officers cadre (Class-I) and to formulate a well defined promotion policy with built in motivation, providing therein reasonable opportunities to officers to move up in hierarchy, keeping in view the legitimate aspirations of the Officers to shoulder higher responsibilities. 1.2. This is aimed to be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 15 (ii) Performance 10 15 25 25 (iii) Growth potential 10 20 25 25 (d) Interview 15 Total 100 100 100 100 NOTE : Marks for Insurance Qualification shall come into effect for promotion exercise for 1992 and onwards. Till then Total marks for A.A.O. to A.O. and A.O. to A.M. shall be 90 to 92 respectively. As the figurative data extracted from the policy goe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n officers cadre. There is no statutory rule operating. It is for the employer to stipulate the criteria for promotion, the same pertaining really to the area of policy making. It was, therefore, permissible for the respondent to have their own criteria for adjudging claims on the principle of seniority-cum-merit giving primacy to merit as well, depending upon the class, category and nature of posts in the hierarchy of administration and the requirements of efficiency for such posts. Reading of the whole policy reveals that stress was not on seniority alone and weightage was sought to be imposed on merit and other relevant aspects also. In view of this conclusion it is not necessary to go into the question of fence-sitting stand adopted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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