IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WA.No. 2733 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14348/2009 Dated 03/11/2009 .................... APPELLANT(S): PETITIONER: ------------------------------- B.RAJASEKHARAN 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.DEEPU THANKAN SMT.G.RANJITA RESPONDENT(S): ------------------------ 1. THE LIFE INSURANCE CORPORATION OF INDIA, `YOGAKSHEMA', JEEVAN BHIMA MARG, MUMBAI REP.BY ITS MANAGING DIRECTOR. 2. THE EXECUTIVE DIRECTOR (PERSONNEL) THE LIFE INSURANCE CORPORATION OF INDIA, `YOGAKSHEMA', JEEVAN BHIMA MARG, MUMBAI. 3. THE SECRETARY (PERSONAL ADMINISTRATION) PERSONAL AND ADMINISTRATION DEPT. CENTRAL OFFICE, `YOGASHEMA', JEEVAN BHIMA MARG, MUMBAI-21. 4. K.SWAMINATHAN, SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, LIC OF INDIA PATTOM, THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.EASWARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.A.No.2733 of 2009 -------------------------------- Dated this the 21st day of December,2009 JUDGMENT Kurian Joseph.J The appellant is the petitioner. The petitioner approached this court aggrieved by Ext.P1 order. As per the said order, the petitioner who was working as Assistant Branch Manager (Sales) was derotated as Assistant Administrative Officer. The learned single judge dismissed the petition holding that petitioner is eligible to be posted at any place in any department in the LIC. Aggrieved by the same petitioner has come up in appeal. The learned counsel has raised several contentions. The main contentions are:1) such posting affects promotion prospects 2) Transfer from marketing to administration is not permissible and 3) In the place where he is reported he is to report to his junior. Clause 20 of the Regulations permits the LIC to make such posting by transferring an employee from one department to another. Learned standing counsel submits that such posting will not affect promotion prospects of the petitioner. The next promotion is Branch Manager (Sales). As and when the W.A.No.2733 of 2009 2 vacancy in that category arises, according to the seniority and eligibility, the petitioner will also be considered, subject to the outcome of W.P.(C).No.28117/2007. As far as the plea of malafide is concerned since the posting is as per the Regulation, we do not think that the matter is to be examined. Petitioner's further case is that he is experienced in the marketing side and he is now posted along with less experienced persons. These are small grievances, which the petitioner is free to bring to the notice of third respondent in an appropriate representation. In case the representation is received within two weeks from today the same shall be considered by third respondent expeditiously. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn