Hon’ble Manoj Misra, J.—These two petitions based on common facts by the same petitioner, with the consent of the learned counsel for the parties, are being decided by a common judgment.

2. We have heard Sri Ashok Khare, learned senior counsel assisted by Sri Siddharth Khare for the petitioner and Sri R.C. Shukla for the respondents. The matter was also re-heard on 20.7.2012.

3. The facts, in brief, are that the petitioner was initially appointed on 26.3.1996 as an Apprentice Development Officer in the Life Insurance Corporation of India at Dhaulpur branch, Rajasthan. Later his services were confirmed as a Development Officer. By an Office Order dated 27.2.2008, the petitioner was directed to assume charge by or before 10.3.2008 as Assistant Branch Manager (Sales) {hereinafter referred to as ABM (S)} at Branch Nimbahera, which was a promotional post. This promotion order was to be effective from the date of joining. It appears that the petitioner did not join the promotional post within the time provided. Rather he joined as a Development Officer at CBO-II, Allahabad on 16.4.2008, pursuant to an order of transfer dated 18.2.2008. As a result, by Office Order dated 19.6.2008, the promotion order dated 27.2.2008 was canceled. Thereafter when fresh exercise for promotion to the cadre of ABM (S) was undertaken, the petitioner participated in the interview, held on 6.1.2009. In the interview so held, the petitioner was not selected. The petitioner submitted a representation on 25.3.2009 claiming that if he was found eligible for promotion in the year 2008, there was no justification not to promote him in the year 2009. It seems that this representation of the petitioner was left unattended. Later, vide circular letter dated 21.10.2009, another exercise for promotion from the post of Development Officer to the cadre of ABM (S) was notified for the year 2009-10 and the cut off date/eligibility date for consideration was fixed as 30.9.2009. In response to the circular letter dated 21.10.2009, the petitioner applied for consideration and was invited for the interview. On 8.1.2010, he participated in the interview. By Office Order dated 14.1.2010 the select list was notified wherein 101 Development Officers were found fit for promotion as ABM (S). In that list the name of the petitioner figured at Serial No. 97. This Office Order indicated that the petitioner would be posted as ABM (S), Varanasi Division, Varanasi. On 14.1.2010 itself, a final list of selected candidates, in the order of merit, was also notified wherein the name of the petitioner finds mention at Serial No. 50. At the bottom of the said merit-list, a note was put to the effect that if a candidate is found to have worked beyond the prescribed cost ratio applicable to him in the appraisal year falling due prior to the date of his joining as ABM (S), then the promotion of such candidate shall stand automatically canceled and he shall be reverted back as a Development Officer, without any notice. On 20.1.2010, a notice was issued to the petitioner by the Senior Divisional Manager thereby informing him about his performance for the appraisal year ending 31.12.2009, as also with regard to the basic pay and C.A. admissible to him with effect from 1.1.2010, with liberty to the petitioner to submit a representation, in writing, within 15 days from the date of receipt of the notice with respect to the figures relating to his performance in the relevant appraisal year, as indicated in the letter. The notice indicated that the cost ratio for the appraisal year ending 31.12.2009, on the basis of annual remuneration, was found to be 183.5 % as against the prescribed 23%. The petitioner represented against the notice and requested for relieving him to join the promotional post. It further transpires that pursuant to a query under the Right to Information Act the petitioner received a copy of the communication letter dated 30.3.2010, which disclosed that the Competent Authority