SHYAMAL KUMAR BOSE Vs. SENIOR REGIONAL MANAGER

JUDGEMENT

(1.) The appellants herein were initially employed in the Food & Supplies Department, Government of West Bengal and thereafter sent on deputation to Food Corporation of India in the year 1966 pursuant to an agreement executed between Food Corporation of India (hereinafter referred to as FCI) and State of West Bengal dated 26.11.1966. The relevant extracts from the aforesaid agreement dated 26th November, 1966 are set out hereunder :-

(2.) On 19th March, 1984 FCI issued a circular being circular no. 21 of 1984 regarding absorption of West Bengal State Government deputationists in the regular service of the Food Corporation of India. The appellants herein opted for absorption in FCI by filing prescribed option forms and eventually they were absorbed in FCI with effect from 1st July, 1984 pursuant to the office orders issued from time to time from 1985 onwards. The said appellants also specifically claimed pay scale of Rs. 380-640 in the option form since according to the appellants aforesaid scale of pay would conform to their conditions of service as far as possible.

(3.) The respondent FCI authorities however, did not pay any heed to the aforesaid demand of the appellants regarding pay scale of Rs. 380-640 which was specifically mentioned in the option form by the said appellants. The appellants herein therefore, filed writ petition and the said writ petition was dismissed by the learned Single Judge by the judgment and order under appeal. The learned senior counsel of the appellants submitted that the circular no. 21 of 1984 issued by the FCI regarding absorption of the West Bengal State Government deputationists in the regular service of the FCI did not authorise the FCI authorities to withdraw any existing benefits of the depuationists but the FCI authorities by not granting the pay scale of Rs. 380-640 curtailed the existing benefits of the said deputationists namely, the appellants herein.