Madras HC: NCSC has no authority order to promote or transfer govt employees
CHENNAI: Holding that the national commission for scheduled castes (NCSC) has no powers to order for providing promotion or transfer as sought by an employee of a government department or its arms, the Madras High Court quashed an order of the commission passed in 2018 directing promotion and transfer of a LIC employee in Chennai.
Allowing an appeal filed by the Life Insurance Corporation (LIC), Justice SM Subramaniam said in a recent order, “This court is of the considered opinion that the direction issued in the present case by the commission to promote the petitioner and post her in Chennai itself will amount to interference in the administrative prerogative of the petitioner organization (LIC), which is impermissible under Article 338 of the Constitution of India.”
Subsequently, he quashed the order of the NCSC passed on July 26, 2018, by the Vice-chairman of the commission directing LIC to “promote (P Vennila) and post her in Chennai itself.”
Saying that NCSC is expected to be ‘more cautious' in the interest of public administration, the judge said, "the independence of powers conferred on each organization is to be protected in consonance with the Constitutional provisions. One institution, interfering with the powers of another institution must be done strictly in accordance with the provisions of the Constitution and in service matters, the employers have got prerogative powers to regulate its own administration."
"In case of identifying the violation of a right of a member of the SC community, the NCSC may ensure that the employer rectifies the mistakes or violations under the rules but the commission may not issue any straight direction to promote or transfer an employee, which may result in infringement of rights of all other employees who are eligible for promotion in accordance with the rules," he said.
He further stated the Commission shall not usurp the administrative powers conferred on the Government departments and other governmental organizations/institutions.
Vennila was appointed as an Assistant in the LIC on compassionate grounds and her appointment was confirmed in January 2011. After becoming eligible for promotion, she was promoted to a higher grade Assistant and was transferred to Gummidipoondi in 2017. Challenging the transfer order, she approached the NCSC alleging discrimination. Subsequently, the commission passed the direction to promote and post her in Chennai itself.