SURENDER SINGH TAXAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Tug of the petitioner herein is to seek promotion to the post of Deputy General Manager, as per his original seniority in the feeder cadre of Assistant General Manager. Conflict, however, is whether petitioner is entitled to regain his original seniority as per Department of Personnel and Training's(DoPT) instructions dated 02.02.2010(Annexure P-10) or his case for promotion is to be considered in accordance with an earlier DoPT office memorandum dated 14.09.1992(Annexure P-13).

(2.) Before adumbrating with the factual narrative, it would be apposite to reproduce the relevant instructions and office memorandum, ibid, hereinbelow:-

(3.) The controversy is essentially pivoted around the stand of the respondent No.2 Food Corporation of India(FCI) that instructions dated 02.02.2010 relied upon by the petitioner are not applicable as the same were neither adopted by it nor even otherwise are applicable in view of the Food Corporation of India(Staff) Regulations, 1971( for brevity, Regulations, 1971). It is contended that Government of India rules per se are not applicable to FCI unless the same are expressly adopted by it. Reliance has been placed on DoPT instructions dated 11.11.2010 which envisage that seniority of the Officers working in the Public Sector Undertakings/ organizations/ Banks etc. are to be governed by regulations/ instructions issued by the concerned administrative departments/ PSU/ Banks etc.