(1.) This writ application has been filed by an employee of Food Corporation of India praying that a mandamus may be issued directing the Respondent Nos., 1,2,3, and 4 to consider the petitioner to be duly promoted to the post of Assistant Manager (General) with effect from 7.7.87 i.e from the date on which juniors to the petitioners were so promoted and to give all the benefits to the petitioner for the post of Assistant Manager(General) with effect from the said date. It may be stated herein that during the pendency of this Civil Rule on 9th July, 1992 the petitioner alongwith another person were promoted to the post of Assistant Manager (General). The only grievance off the petitioner as on today is that she should get her seniority over the juniors who were promoted earlier on 7.7.87. Earlier the Civil Rule was disposed of by a judgment of this Court on 7.9.95, but on review that judgment was set aside and accordingly, this Civil Rule is being heard again today.
(2.) I have heard Sri A B Choudhury, learned counsel for the petitioneu and Sri C Choudhury, standing counsel, F.C.I, for the Resondents No. 1 to 4. None appears for the private respondents. The single judge of this Court by relying on the earlier Division Bench Judgment of this Court allowed the writ application. The legality and validity of the Division Bench judgment was questioned before the Apex Court in Civil Appeal Nos 4029-30 of 1995 and the Division Bench finding was set aside by the Apex Court. In order to appreciate the facts, let us have a look at the brief facts of this case : On 11.9.1978 the petitioner alongwith others were promoted on adhoc basis. That order of promotion is quoted below : "Office Order No. 212/78 The following Assistant Grade 1 (mini/GS/ Steon is hereby selected for deployment to the post of Assistant Manager(General/Accountant on purely temporary and on ad-hoc basis and posted to the places shown against each. They will be reverted to their original post as soon as persons promotion Zonal basis join in this region. They will be entitled to draw deployment allowances of 25-B.M. to be treated as "Special Pay" for granting of compensator)' allowances etc. in cases where change of stations are involved. Disturbance allowed will be entitled them. This allowance would be Rs. 5/- (Rupees five) less than the differential between they pay which the employee concerned would have got on promotion and the deployment allowance. Those who are already under order of transfer to the out station but not yet relieved/ joined should report to such places on deployment will take effect from the actual date of joining duties in their new place of posting. They continued in that posts till 1987. On 7.7.87 without considering the case of these persons, other persons junior to them were promoted vide Annexure-8. That is quoted below: "The following Asstt.Gr. I (Admn) have been selected for promotion to the post of Asstt. Manager (Genl) in the scale of pay of Rs 650-30-740-35-880-40-1200/- and posted to the places indicated against each until further order. Their promotion is without prejudice to the claims of the employees who may be senior to them and will take effect from the dates they assume charge of the new post on promotion. Their promotion are subject to vigilance clearance of the Region when the promotees are presently posted. The concerned Head of the Region will release thoseunder promotion order after obtaining vigilance clearance report from the Regional Vigilance Branch. They will be placed on promotion for a period of one year with effect from the date of their assuming charge of the new post on promotion as AM(Aenl) which may be extended for a further period not exceeding one year. Attention is invited to the head quarter circular No. 54 of 1982 issued under Ref No. . 4/9-80 EP part III) dated 1.4.82 and refusal to accept promotion will be governed by the terms thereof. The promotions would be subject to the revision if any in the light of decision/orders of the Hon'ble Courts while disposing of the case pending before them." The grievance of the petitioner is that these persons were promoted are juniors to her and as such she first should have been regularised on adhoc promotion and it is the claim of her that she is entitled to the benefit of adhoc service.
(3.) The law on this point has been crystallised by now by various decisions of the Apex Court in Civil Appeal Nos 4029-30 of 1995, the Apex Court on 6th March, 1995 laid down the law as follows: