Calcutta High Court
Anindo Banerjee vs The Union Of India & Ors on 27 April, 2022
OD-5
ORDER SHEET
WPO 2024 of 2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ANINDO BANERJEE
VS.
THE UNION OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 27th April, 2022.
Appearance:
Mr. Piyush Chaturvedi, Adv.
Mr. Suman Dey, Adv.
Mr. Amit Halder, Adv.
...for Petitioner.
Mr. Ranjay De, Adv.
Mr. Basabjit Banerjee, Adv.
..for Respondent no.2.
The Court : Affidavit of service filed in Court today is taken on record.
Petitioner is presently working as a Deputy Manager in Scale-III under
National Insurance Company Limited (in short, "NICL"). NICL has a
promotional policy applicable for promoting an employee from Grade III to
Grade IV. The policy presently in vogue in NICL is Promotion Policy for Officer
2006. The promotion to a post in Grade IV, according to the petitioner, can
take place through two channels, i.e. either by normal promotion or through
fast track promotion. Petitioner being eligible to be promoted to Grade IV under
fast track mode applied for the promotion. Being in the zone of consideration,
petitioner was allowed to participate in the promotional process under the fast
track mode but was unsuccessful for having obtained 83.21 marks, where the
last promoted candidate in the said format secured 84.07 marks. Petitioner
alleges that in the interview petitioner was dealt with in an arbitrary, bias and
intransparent manner for which despite having secured high marks in the
written examination and work appraisal, the petitioner got only 14.40 marks
out of 20 in the interview, which ultimately affected his total tally of marks for
which he was unsuccessful. Petitioner has, inter alia, challenged the
composition of the Interview Committee as well as procedure in which the said
Committee awarded marks to the petitioner.
The petitioner has also prayed for an interim protection to the extent
that he should be allowed to participate in the next promotional examination
termed as "Fast Track Application Format - PE 2022-23" scheduled to be held
within few days without prejudice to his rights and contentions in the writ
petition.
On behalf of the NICL, the prayers made in the writ petition have been
opposed on various grounds. By citing a judgment of the Hon'ble Supreme
Court in the matter of Rajasthan State Sports Council & Anr. vs. Uma
Dadhich, reported in Laws(SC) 2019 183, delivered on 21st January, 2019, it is
submitted that the promotional examination took place in accordance with
rules framed and as such the petitioner cannot after having participated in the
same object to such examination. The petitioner does not have any vested right
to get a promotion apart from being considered for the promotion. Petitioner
has been admittedly considered for the promotion in accordance with existing
rules and as such cannot now turn around and challenge the entire process
alleging bias. NICL has also relied upon a judgment of the Hon'ble Supreme
Court delivered on 30.6.2014 in the matter of Union of India (UOI) vs. S.P.
Nayyar, reported in (2014) 14 SCC 370. This judgment is on the ground of bias
against the Departmental Promotion Committee. NICL says that the writ
petition as framed does not make out a case of bias as against any of the
members of the interview committee though they have been made parties to
the proceedings.
After hearing the parties and considering the materials on record, I find
that the matter requires further scrutiny after affording the respondents an
opportunity to disclose their stand on affidavit.
However, during the pendency of the writ petition, NICL is directed to
allow the petitioner to participate and to have himself considered for any
promotion under the Fast Track mode, if undertaken by NICL in the meantime.
The petitioner's participation will, however, be in accordance with prevailing
rules of NICL.
Affidavit in opposition is to be filed within seven weeks from date. Reply,
if any, thereto be filed within three weeks thereafter. Liberty to mention after
twelve weeks for inclusion in the list under the heading "Hearing".
(ARINDAM MUKHERJEE, J.)
nm
