PUSHPADHARAN Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) The four petitioners are Assistants Grade III in the general administration cadre and the godown cadre of the Food Corporation of India (hereinafter referred to as the Corporation) working in different stations of its Southern Zone. They joined service in Category 4 of the Staff Regulations of the Corporation. The Staff Regulations were issued in 1971 in exercise of the powers conferred under S.45 of the Food Corporation of India Act, 1964 (Act 37 of 1964). Assistant Grade III falls under Category 3. Appointment to the post of Assistants Grade III is by direct recruitment of graduates and also by promotion from among matriculate employees in Category IV, with three years experience. As per the amended regulations, eighty per cent of the total vacancies of Assistants Grade III are to be filled up by direct recruitment of graduates. The promotion quota for matriculate Category IV employees is only twenty per cent. The Petitioners are matriculate Category IV employees who had secured promotion to the cadre of Assistants Grade III. The next higher post is of Assistant Grade II in Category III and as per the Staff Regulations of 1971 as it originally stood, the mode of recruitment is by promotion of employees with 3 years experience as Assistants Grade III/Typists/Telephone Operators, and in their absence by direct recruitment of graduates with 4 years experience in any office.

(2.) The 30th amendment of the Staff Regulations as per Ext. P-1 notification, dated 22nd April, 1976 relates to the General Administration Cadre. As per the amended provisions 3 years experience as Assistant Grade III/typist/telephone operator is fixed for graduates and 5 years experience for non graduates for promotion to Grade II. A similar amendment was effected with respect to the Godown Cadre also requiring three years experience in the case of graduates and five years for non graduates as per the 43rd amendment of the Staff Regulations. A true copy of the notification effecting the 43rd amendment is produced along with the Original Petition as Ext. P1(a), dated 10th February 1977. As per the amended regulations non graduate Assistants Grade III of the General Administration Cadre as well as of the Godown Cadre require five years experience for promotion to the post of Assistant Grade II, while as regards graduates the experience required is only of three years. Exts. P2 and P3 are copies of seniority lists of Assistants Grade III in the general administration and godown cadres respectively in the South Zone of the Food Corporation of India. Ext. P4, dated 10th August 1978 is a copy of the representation submitted by the 1st petitioner against the promotion of some of his juniors in service, consequent on the amendment of the Staff Regulations requiring five years experience for non graduates for promotion to the post of Assistants Grade II and Ext. P5 is a similar representation submitted by the All India Food Corporation Executive Employees Federation. Ext. P6, dated 28th September 1978 is the reply to Ext. P4 by the Administrative Manager of the Regional Office of the Corporation stating that the 1st petitioner being a non graduate has to complete five years of service as Assistant Grade III to become eligible for promotion to the post of Assistant Grade II. There is no reply to Ext. P5. Ext. P6 refers to a circular of the Food Corporation of India, dated 22nd December 1977, a true copy of which is produced as Ext. P7. Ext. P7 is also in conformity with the amended staff regulations requiring three years experience in the case of graduates and five years experience in the case of non graduates to be eligible for promotion to the post of Assistant Grade II from the feeder category of Assistant Grade III. Ext. P8, dated 1st May 1974 is a circular issued from the Head Office of the Corporation wherein it is stated, that different qualifications are prescribed for appointment to the various grades, the qualification for appointment as Assistant Grade III is graduation while the qualification for typists etc. is only matriculation and hence those who possess a degree would become eligible for promotion after they have put in three years service whereas non graduates to be eligible for promotion should require five years service. It is also stated that the differentiation as aforesaid would be made only at the time of first promotion from the recruiting grades. This Original Petition is filed to quash Ext. P1 and Ext. P1 (a) notifications amending the Staff Regulations of 1971 requiring five years experience as Assistant Grade III for non graduates for promotion to the post of Assistant Grade II. There is also a prayer to quash Ext. P6 order, rejecting Ext. P4 representation submitted by the 1st petitioner. Respondents 3 and 4 in the Original Petition are impleaded to represent graduate Assistants Grade III and notice of the Original Petition was published as per R.148 of the Rules of the High Court.

(3.) The main ground of attack against Exts. P1 and P1(a) is that the amendment of the Staff Regulations effected as per these orders is in violation of Art.14 and 16 of the Constitution of India. According to the petitioners, on their promotion from Category IV to the post of Assistants Grade III falling under Category III, they are fully integrated with the graduate Assistants Grade III who entered service on direct recruitment and there cannot be any differentiation on the basis of the source of recruitment. The classification on the basis of the source of recruitment is discriminatory and is opposed to the objective to be achieved by the Staff Regulations, which had effected a complete fusion of the promotees and the directly recruited Assistants Grade III. There cannot therefore be a classification for further promotion to the next higher grade.