National Commission for Scheduled Castes not empowered to order promotions or transfer of employees: HC

The National Commission for Scheduled Castes (NCSC) is not empowered to interfere in service matters and issue directions to an employer to either promote a particular employee to a higher post or transfer him/her to a specific place, the Madras High Court has held.

Justice S.M. Subramaniam held so while allowing a 2018 writ petition filed by Life Insurance Corporation of India (LIC). The judge quashed an order passed by NCSC on July 26, 2018 directing LIC to promote a woman employee and also post her in Chennai as desired by her.

“The National Commission is not empowered to issue any direction to transfer an employee in a particular post or place. Promotion is also a condition of service and all promotions are to be granted strictly in accordance with the service rules in force,” the judge wrote.

The judge said that an employer would have to consider all eligible employees while deciding upon promotions and that directions given by the commission to promote a particular employee might end up in denial of promotional opportunity to another eligible employee.

“Therefore, the Commission has to exercise restraint in service matters, more specifically, in the matters of promotion, transfer, postings etc… The National Commission is not expected to interfere with the routine administrative affairs of the Departments or the Corporation,” Justice Subramaniam added.