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2015 Supreme(Mad) 1342

SATISH K.AGNIHOTRI, M.VENUGOPAL
Chairman & Managing Director, National Insurance Company Ltd. – Appellant
Versus
A. Sundaram – Respondent


Advocates Appeared:
For the Appellants:V. Karthic for M/s. T.S. Gopalan & Co., Advocates.
For the Respondent:V. Bharathidasan, Advocate.

Judgment

1. The instant appeal arises from the order dated 18.03.2014 passed in W.P. No.25951 of 2010, which was filed by the respondent herein.

2. For the sake of brevity, clarity and convenience, the parties are referred to as per their arraignment in the instant appeal.

3. The facts as projected by the respondent are that he was initially appointed as a Sub-Staff on 26.06.1986 in the Divisional Office of the appellant Insurance Company at Salem. The next avenue of promotion is to the post of Record Clerk. The Sub-Staff has to pass the departmental test for being eligible for consideration for promotion to the post of Record Clerk. The respondent, admittedly, appeared in the departmental test successfully for promotion to the cadre of Record Clerk, held on 7th and 8th June 1990, as is evident from the notice dated 08.06.1990 of the appellants. Despite passing the departmental test, the respondent was not promoted as Record Clerk, when, according to him, a number of juniors in the lower post were promoted in the year 1991. The respondent was ultimately promoted on 05.10.1998, after more than 5 of his juniors were promoted as Record Clerk. The respondent submitted a representation o






























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