LPA 234 and 235/2008. Case: Food Corpn. of India and Anr. Vs Krishan Kumar Sodhi. High Court of Delhi (India)
| Case Number | LPA 234 and 235/2008 |
| Counsel | For Appellant: Virender Kumar Sharma, Adv. and For Respondent: S.R. Singh, Sr. Adv. With M.M. Singh, Adv. |
| Judges | Dipak Misra, Chief Justice and Manmohan, J. |
| Issue | Food Corporation of India (Staff) Regulation, 1971 - Regulation 15(5); Constitution of India - Articles 14, 16, 226 |
| Citation | 2010 (173) DLT 227 |
| Judgement Date | September 27, 2010 |
| Court | High Court of Delhi (India) |
Judgment:
Dipak Misra, Chief Justice
-
In these two appeals, the vulnerability of the composite order dated 17th January, 2008 passed by the learned Single Judge in WP(C) 3720/2006 and WP(C) No. 14198/2004 being called in question, they were heard analogously and are disposed of by a singular order. For the sake of clarity and convenience, the facts in WP(C) No.14198/2004 are unfurled herein. This Court shall also advert to the necessitous facts in brief in the other writ petition.
-
The respondent-petitioner (hereinafter referred to as 'the respondent') was appointed as a typist on daily wage basis on 17.6.1972 at the Headquarters, New Delhi of the Food Corporation of India, the appellant-herein, vide letter dated 13.6.1972 and her services were regularized on 26.2.1976. From 1972 till the date of regularization, she worked continuously as daily wage typist and thereafter was promoted to the post of Assistant Grade-II on 14.8.1987 and to the post of Assistant Grade-I in October, 2002. It was contended before the learned Single Judge that in the case of similarly placed typists, namely, Shri S.K. Bassi and Shri V. Shekhar, the period spent on daily wage basis was taken into consideration while fixing their seniority, but similar benefits were not extended to her. She made representations from time to time and eventually vide communication dated 3.5.2000, she was given a reply that the Zonal Office was not competent to decide and fix the seniority of daily wagers. She was advised to approach the concerned appointing authority. As set forth, the respondent made further representations but there was no response and her seniority was not fixed as sought for. In this backdrop, a prayer was made to issue a writ of mandamus to re-fix the seniority giving the benefit of the period spent as a daily wager and after computing the seniority on that foundation extend the consequential benefits of promotion, etc.
-
The averments made in the writ petition were disputed by the present appellant contending, inter alia, that five typists in all were given the benefit of the period spent on daily wage basis by the competent authority at the headquarters in terms of Regulation 15(5) of the Food Corporation of India (Staff) Regulation, 1971 (for short 'the Regulations') but the petitioner approached the zonal authoritiy. It was also contended that the writ petitioner was claiming seniority after expiry of 28 years and, hence, her case did not deserve to be considered for re-fixation of seniority. Quite apart from the above, it was urged that the appointing authority had not been impleaded as a party.
-
The learned Single Judge took note of the fact that the Food Corporation of India is a statutory authority; that the plea put forth by the writ petitioner to the extent that there was no ground for discrimination has gone undisputed; the other daily wagers had been given the benefit and the same has been sought to be justified on the foundation that it was done by the appointing authority or at the headquarter, but the said explanation does not stand to reason; that the Food Corporation of India is unable to explain how some of the employees, namely, Shri S.K. Bassi, Shri V. Shekhar and five other typists were extended the benefit and the cases of the writ petitioners were ignored; that the discretion exercised by the Food Corporation of India was arbitrary and the explanation proferred was unacceptable; that the appointing authority has no unfettered discretion to act in such a manner and; that the doctrine of delay and laches does not get attracted to the case at hand and, accordingly, he directed the corporation and its functionaries to fix the seniority of the petitioner taking into consideration her date of appointment, i.e., 17.6.1972.
-
Be it noted, in CWP No.3720/2006, the petitioner was appointed as a typist on daily wage basis on 30.12.1971 and his services were regularized on 29.8.1972. He was promoted to the post of Assistant Grade-II in on 14.5.1977 and to the post of Assistant Grade-I with effect from 4.10.2000. He has placed reliance on the decision in V. Shekhar v. Food...
To continue reading
Request your trial