Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | recruits fixation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Food Corporations Act, 1964 (37 of 1964) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Civil Services : A Food Corporation Act, 1964 : Section 45-Regulations framed under the Act-Regulations 7, 10 and 15-Circular issued on 15.5.75- lnter-se seniority- Direct recruits and transferees-Fixation of-Directions issued. On the abolition of the Food Department under the Central Government, the employees therein were transferred to the Food Corporation of India (FCI). In exercise of its powers conferred by Section 45 of the Food Corporation Act, 1964, FCI framed Regulations in regard to appointments and promotions. Later, pursuant to Regulation 10, FCI issued a Circular on 15.5.75 to the effect that both the employees transferred from the erstwhile Food Department (Food Transferees) and the direct recruits will be promoted on ad-hoc basis. It also stated that with the final transfer of Food Transferees to FCI with effect from 1.3.69, their promotions had to be regularised. It also provided that the transferees as well as direct recruits would be deemed to have completed the period of probation satisfactorily if they have completed one year of service in that grade. This was in accordance with Regulations 7 and 15 which stipulated a period of - one year probation for the regular appointees in FCI- both transferees and direct recruits. One of the Respondents who was given ad-hoc promotion as Assistant Manager was reverted on the ground that he was not approved for regular promotion. Being aggrieved by the reversion order, he approached the High Court by way of a Writ Petition. The High Court directed the FCI to consider his case in the light of the circular dated 15.5.1975. Some other Writ Petition were also filed before the High Court by the employees challenging the seniority list, and the High Court quashed the seniority list and directed the FCI to consider the claims of the Writ Petitioners in the light of the circular dated 15.5.1975. The Union of India preferred appeals, against the orders of the High Court. A Writ Petition has been filed directly before this Court in regard to fixation of seniorty. On behalf of FCI, it was contended that there was no need to quash the entire seniority list, as has been done by the High Court in the subsequent cases. |
Judge | Honble Mr. Justice A.M. Ahmadi |
Neutral Citation | 1992 INSC 89 |
Petitioner | Food Corporation Of India And Ors. |
Respondent | H.n. Bharti And Ors. |
SCR | [1992] 2 S.C.R. 328 |
Judgement Date | 1992-03-25 |
Case Number | 338 |
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