The High Court set aside an order de-rotating the petitioner from the Marketing Wing to the Administrative Wing due to lack of record showing prior rotation, without depriving the corporation of its general management powers.
Order dated 19/05/2009 to the extent it derotates the petitioner from Marketing Wing to Administrative Wing set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 14348 of 2009(K) --------------------------
PETITIONER(S): ---------------
B.R.NAIR, ASSISTANT BRANCH MANAGER, (SALES), S.R.NO.536768, LIFE INSURANCE CORPORATION OF INDIA, CITY BRANCH OFFICE NO.IV, OVER BRIDGE, THIRUVANANTHAPURAM-1.
BY ADV. SRI.GEORGE JACOB (JOSE) SMT. MEREENA JOSEPH JOSEPH
RESPONDENT(S):
---------------
1. THE LIFE INSURANCE CORPORATIONN OF INDIA 'YOGAKSHEMA', JEEVAN BHIMA MARG., MUMBAI, REPRESENTED BY ITS ITS MANAGING DIRECTOR.
2. THE EXECUTIVE DIRECTOR (PERSONNEL), LIFE INSURANCE CORPORATION OF INDIA 'YOGAKSHEMA', JEEVAN BHIMA MARG., MUMBAI.
3. THE SECRETARY (PERSONAL ADMINISTRATION) PERSONNEL & ADMINISTRATION DEPARTMENT, CENTRAL OFFICE, 'YOGAKSHEMA', JEEVAN BHIMA MARG., MUMBAI-21.
4. K.SWAMINATHAN, SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, LIC OF INDIA, PATTAM, THIRUVANANTHAPURAM-4.
ADV. SRI.S.EASWARAN FOR R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.14348/2009
APPENDIX
PETITIONER'S EXHIBITS
P1 : COPY OF ORDER DATED 19/5/2009 PUBLISHED IN THE OFFICIAL WEB-SITE.
P2 : COPIES OF RELEVANT EXTRACTS OF THE CONVEYANCE SCHEME NO.6 DATED 07/10/2008.
P4 : COPY OF COMPLAINT DATED 18/10/2008 SUBMITTED BY THE PETITIONER.
P5 : COPY OF E-MAIL DATED 26/12/2008 ENCLOSING EARLIER E-MAIL DATED 15/09/2008.
P8 : COPY OF COMMUNICATION DATED 16/09/2009 OF THE ZONAL MANAGER TO R4.
P9 : COPY OF COMMUNICATION FROM THE CENTRAL OFFICE TO THE ZONAL MANAGER.
//TRUE COPY//
PA TO JUDGE.
jg
ANTONY DOMINIC, J.
W.P.(C.) No.14348 of 2009
Dated, this the 3rd day of November, 2009
J U D G M E N T
The petitioner is a Class I Officer working under the 1st respondent, the Life Insurance Corporation, in the post of Assistant Branch Manager (Sales), a post available in the Marketing Wing. By Ext.P1 order dated 19/05/2009, he was posted as Assistant Administrative Officer in the Administrative Wing on de-rotation. It is this order, which is under challenge.
WP(C) No.14348/2009
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writ petition complaining of such supersession is pending before this Court. It is stated that it is on account of the above, for malafide reasons and to harass the petitioner, he has now been shifted to Administrative Wing. It is also his complaint that as a result of this shifting, he will be losing many of the perquisites he is enjoying.
WP(C) No.14348/2009
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job rotation. Therefore, Ext.P9 provides for rotation and derotation. Going by Ext.P1, the reason for shifting the petitioner from Marketing Wing to Administrative Wing is de-rotation. There is nothing on record to indicate that the petitioner was rotated at any time, to be de-rotated. If that be so, the basis on which Ext.P1 has been issued is incorrect and the order calls for interference.
For the aforesaid reason, Ext.P1 order to the extent it derotates the petitioner from Marketing Wing to the Administrative Wing is set aside.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg
2 issues framed by the court
Whether the High Court should interfere with the order de-rotating the petitioner from Marketing Wing to Administrative Wing.
Whether the respondent corporation acted without record to issue the de-rotation order.
2 provisions across 2 enactments
B.R.NAIR
LIFE INSURANCE CORPORATION OF INDIA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
