Rana Ranjeet Singh S/o Late Banke Bihari Singh At Present Posted As assistant Manager, United India Insurance Company Ltd. v. The United India Insurance Co. Ltd. , Through Its
2011-05-02
AKHILESH CHANDRA, T.MEENA KUMARI
body2011
DigiLaw.ai
JUDGEMENT , J. 1. The present Letters Patent Appeal is filed against the order of the learned Single Judge remanding the matter to the Respondent-authorities for considering the matter of the promotion of the Appellant herein. 2. Learned Counsel for the Appellant has contended that the post of Deputy Manager is a promotional post and not selection post and as the learned single Judge has treated the promotional post as that of selection post, the present appeal has been filed aggrieved by such observation. Even though the contention sought to be made before us that the post is promotional post and not selection post no material has been produced before us. 3. Learned Counsel for the Insurance Company has submitted that during the pendency of the appeal the Appellant has been promoted on ad-hoc basis but subsequently the promotion has been withdrawn because of the fact that a criminal case was pending against the Appellant. Learned Counsel for the Appellant has submitted that the Appellant has been acquitted very recently by the High Court in the said criminal appeal. In view of the acquittal of the Appellant in the criminal appeal, as submitted by the learned Counsel for the Appellant, the learned Counsel for the Respondents submits that the Appellant had been promoted on ad-hoc basis to the post of Deputy Manager by treating the post as selection post during the pendency of appeal but it has been subsequently withdrawn. We make it clear that the main grievance of the learned Counsel to treat the post as of the selection post even though it is a promotional post as the concerned Rules are not made available to this Court to arrive at a decision, whether the particular post falls under the category of promotional post or selection post this Court is of the opinion that the case of the Appellant has to be treated as per Rules governing such promotion. 4. In our opinion no cause of action survives. Accordingly, the Letters Patent Appeal is dismissed.