Ajay Kumar Sinha vs L.I.C. of India and Another

M. Katju and Prakash Krishna, JJ.—This writ petition has been filed for a mandamus directing the Respondents to declare the waiting list in order of merit pertaining to the selection for promotion to the cadre of Assistant Branch Manager (Sales) for the year 2001 - 2002 in the service of the L.I.C. and to promote the Petitioner to the post of Assistant Branch Manager (Sales).

Counter and rejoinder-affidavits have been filed and we have perused the same and heard the learned Counsel for the parties.

The Petitioner is a Development Officer in the service of the Respondent - Corporation. He is aggrieved against the non - grant of promotion to him to the post of Assistant Branch Manager (Sales). The Respondent-Corporation identified 78 posts of Assistant Branch Manager (Sales) to be filled up during the year 2001 - 2002 by promotion. Selection proceedings were initiated on 27.3.2001 in which the Petitioner also participated and after the selection proceedings, a select list was published comprising of 78 names as against the 78 posts of Assistant Branch Manager (Sales) on 8.1.2002. In this list, the Petitioner''s name was not included. Out of 78 selected candidates, only 41 candidates joined on the post of Assistant Branch Manager (Sales) while 37 incumbents declined to join the post despite their promotion. According to the case of the Petitioner, these 37 posts ought to have been filled up by granting promotion to the persons who were lower in the merit list. According to the counter - affidavit, the Respondents had also prepared a contingency list comprising of 15 Development Officers who were promoted as Assistant Branch Manager (Sales). The remaining 22 vacancies continue to be vacant. Against one of the vacancies, the Petitioner claims that he is entitled to be promoted. On the basis of selection, a merit list was prepared in which the name of the Petitioner finds place but at a lower placement than the first 78. In the counter-affidavit, there is no mention about any minimum qualifying marks for the selection on the aforesaid post. In our opinion, in absence of any minimum qualifying marks having been fixed, the remaining vacancies are required to be filled up from the persons who are lower in the select list. The claim of the Respondent that the contingency list was required to be only of 15 per cent of the vacancies is, in our opinion, without any justification. In fact, the entire remaining list is in the nature of a waiting list of candidates who are entitled for promotion against unfilled vacancies. Reliance is placed by the learned Counsel for the Petitioner upon the decision of this Court in Special Appeal No. 313 of 1998, State of U.P. and others Vs. Ravindra Nath Rai and others, . In this decision, the stand of the State was that there is no provision for preparing a waiting list and, therefore, unfilled vacancies cannot be filled up. The contention was rejected by this Court and it was held that the remaining merit list was to be treated as the waiting list and unfilled vacancies were required to be filled up. The said principle of law is fully applicable in the instant case also. We are informed that the SLP against this judgment has also been rejected by the Supreme Court.

In view of the above this writ petition is allowed. A mandamus is issued to the Respondents to promote the Petitioner in the cadre of Assistant Branch Manager (Sales) for the year 2001 - 2002 forthwith.