K.M. VAGHELA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, the petitioner, who was previously an employee of the Food Corporation of India (FCI)/respondent No.2, and who thereafter joined the Central Government, Ministry of Food and Civil Supplies/respondent no.1, seeks the relief of joining of his services rendered with FCI to the service period with the respondent No.1/Union of India through the Ministry of Food and Civil Supplies for the purpose of grant of pension.

(2.) THAT there is a circular dated 17.10.1984 of the respondent No.1 with respect to joining of services of an employee of Central Government with a central autonomous organization and vice versa is not disputed. In fact, this circular is filed as Annexure R -2 to the counter -affidavit of respondent No.1. In terms of circular dated 17.10.1984 benefit of joinder of services is granted when the employee on joining the central government exercises the option of joining his two services and grant of pension by the central government, by surrendering the CPF benefits which are with the autonomous organization, and which CPF amount with interest the autonomous organization remits directly to the new employer/Central Government/respondent No.1.

(3.) THE only defence which is urged in the counter -affidavit of the respondent No.1 is that as per the definition of autonomous organization given in the circular FCI is not a central autonomous organization because more than 50% of the expenditure of FCI is not met through cess or central government grants. I find this a very questionable defence because except this self -serving averment, nothing else has been filed or stated. It is a well known fact that there is no private investment in the FCI as it is fully funded by the Central Government and therefore I do not understand how this defence is taken up for the sake of defence. In fact, if this defence was genuine, the respondent No.1 would have filed the balance sheets and income and expenditure statement of respondent No.2 to show that FCI/respondent no.2 is not funded by the Central Government. I may note that Section 5 of the Food Corporations Act, 1964 provides that it is the Central Government which from time to time provides capital of FCI. Sub - section(3) of Section 5 states that such capital is provided by the Central Government after due appropriation made by Parliament by law for the purpose and subject to such terms and conditions as may be determined by the Government. I need not elaborate any further on this aspect because surely FCI is not a private corporation, and in fact, FCI was formed because the entire department of the Government pertaining to functions of the food department were specifically transferred to the respondent No.2 -corporation for independent functioning.