SWARUP MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition, the petitioners have challenged the Notification No. 99/Amendment EP- 1(1)/2009 dated 12.03.2010 issued by the Food Corporation of India (for short FCI) as ultra vires to the provisions of the Constitution. The petitioners have further challenged the decision of the Board of Directors (for short BOD) of FCI in its meeting held on 23.09.2009 regarding recruitment and promotions at various level for its employees.

(2.) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit on record.

(3.) Brief facts of the case are that the petitioners are the employees of the FCI. It is stated that the Regulation 7 of the Food Corporation of India (Staff) Regulations, 1971, provides procedure for recruitment of employees at various levels. To remove stagnation in promotion, a consultant namely, M/s Mckinsey & Co. was engaged by FCI who made certain recommendations to it. However, ignoring the recommendations the BOD of FCI approved certain amendments in Regulation 7 of FCI (Staff) Regulations 1971. Same were notified vide Notification No. 99/Amendment EP-1(1)/2009 dated 12.03.2010 after BOD approved the same in its meeting held on 23.09.2009. The grievance of the petitioners is that due to the stagnation in promotion, there is frustration among the employees. It is pleaded on behalf of the petitioners that allowing the direct entry at every level of Executive Cadres is uncalled for, and their apprehension is that practically there is no scope of promotion for the employees of Category -III level. Para 7 of the writ petition discloses position as on 31.12.2010, at executive level which is reproduced below : Post Sanctioned Post Promotional Recruitment (PR) Post Direct Recruits (DR) Post General Manager 74 49 25 DGM 191 143 48 AGM 670 447 223 Manager 6054 4541 1514