UNION OF INDIA Vs. BHANULODH

JUDGEMENT

(1.) All the three writ appeals being directed against the same impugned Judgment and order, are taken up together and being disposed of by this common Judgment and order.

(2.) The facts of the case are no longer in dispute, which may be briefly stated for disposal of the appeals :- The Food Corporation of India (hereinafter called 'FCI' for short) is constituted under the Food Corporation Act, 1964 (hereinafter called the 'Act') for dealing with procurement/purchase of food grains and selling of the same through the different State Governments in order to facilitate the public distribution system smoothly. The appellants floated an advertisement in the Employment News Weekly in its issue dated 6-12 November, 1993, for recruitment to the posts of Deputy Manager (General Administration), Joint Manager etc. Pursuant to this advertisement, the writ petitioner, who is appellant in W.A. No. 102/2002 was one of the candidates, who had applied for thepost of Deputy Manager (Gen. Admn.) and participated in the selection process. After conducting the selection process, the appellants published the select list in which the name of the writ petitioner found place at Sl. No.53. However, the Union of India, i.e. the appellants in W.A. Nos. 78/2002 and 79/2002 issued the letter, dated 21.8.1995, directing the Chairman, FCI not to fill up the existing vacancies to the posts of Deputy Manager (Gen. Admn.). This was followed by another letter, dated 6.11.1995 of the Government of India by which the entire process for direct recruitment to the various posts, so advertised, was declared null and void. It may be noticed that the respondent Nos. 5 to 11 in the writ petition, whose names appeared in the said select list, were given appointment to the posts of Joint Manager and have been continuing in that post till now. Aggrieved by the aforesaid action the Chairman, FCI, the writ petitioner filed writ petition in which it was contended that the Government of India had no authority competence to issue the aforesaid directive inasmuch as the same amounted to interfer ence in the internal management of FCI, which is an autonomous body. It was also contended that the impugned letters having been signed by the Joint Secretary, Government of India, the directions given in the impugned letters have no legal force since they were not issued in the name of the President of India as required by Article 77 of the Constitution of India.

(3.) The Union of India and the FCI jointly filed a counter affidavit contesting the Writ petition. It was stated in the counter affidavit that though the selection process was actually initiated by them in pursuance of the said advertisement, the directives in the letter dated 6.11.1995, intervened before the select list for the post of Deputy Manager (Gen.Admn.) was approved by the Executive Body of the Board of Directors and as such, the selection process could not be finalised. It was pointed out in the said counter affidavit that the directives of the Central Government were issued due to detection of irregularities in the selection process inasmuch as contrary to Recruitment Regulations, departmental candidates of age 52-53 years were sought to be appointed, whereas the maximum age prescribed was 35/40 years. It was also pointed out that the appointment to the posts of Joint Manager was already made in accordance with the said select list before receipt of the said directives of the Central Government. According to the appellants, it was under the aforesaid circumstances that no appointment could be given to the writ petitioner. The stand taken by the appellants was that in terms of Section 6(2) of the Act, the authorities of the FCI are bound to follow and abide by the directives issued by the Central Government. In support of this stand, reliance is placed upon the decision of the Andhra Pradesh High Court in W.P No. 18960/1994 as affirmed by the Division Bench of the same High Court in W.A. No. 659/1996 and the decision of the Jammu & Kashmir High Court in W.P. No. 647/1996.