SHRI ANAND KUMAR RAKESH vs UNITED INDIA INSURANCE COMPANY LIMITED & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12th February, 2025 Date of Decision:28th February, 2025 + LPA 251/2022 & CM APPL. 17494/2022, CM APPL. 17496/2022 SHRI ANAND KUMAR RAKESH .....Appellant Through: Mr. Rakesh Talukdar, Mr. Ashray Chopra, Mr. Ashutosh Singh, Mr. Aviral Bansal, Mr. Udit Bansal and Ms. Shivi Dwivedi, Advs. versus UNITED INDIA INSURANCE COMPANY LIMITED & ORS. .....Respondents Through: Mr. Amit Kumar Singh, Ms. K Enatoli Sema, Mr. Prang Newmai and Ms. Chubalemla Chang, Advs. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % AJAY DIGPAUL, J. 1. The present Letters Patent Appeal has been filed under Clause X of the Letters Patent of the High Court of Delhi, challenging the order dated 05.08.2021, passed in W.P.(C) 7781/2021, whereby the learned Single Judge dismissed the writ petition and upheld the order Signature Not Verified Signed By:MEENU LPA 251/2022 Page 1 of 20 KALRA Signing Date:01.03.2025 12:59:41 passed by the respondent corporation, which accepted the appellant's application for voluntary separation. 2. To appreciate the present controversy, it is necessary to outline the facts of the case. The appellant was employed with the respondent corporation from the year 1989 and held the position of Deputy Manager, Scale-III. According to a promotion order dated 06.09.2016, the appellant was promoted to the position of Manager (Scale-IV). However, the appellant did not assume charge at the designated place of posting in Bhopal. Subsequently, on 19.09.2016, the appellant, vide email, submitted a grievance to the respondent corporation, asserting therein his inability to accept the promotion offer on account of the allegedly arbitrary transfer of his posting to Bhopal. 3. The refusal to accept the pro