FOOD CORPORATION OF INDIA Vs. S N NAGARKAR
LAWS(SC)-2002-1-136
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
January 29,2002
FOOD CORPORATION OF INDIA
Appellant
VERSUS
S.N.NAGARKAR
Respondents
Referred Judgements :-
PALURU RAMKRISHNAIAH R D DEGAONKAR AND VS. UNION OF INDIA [REFERRED]STATE OF HARYANA VS. O P GUPTA [REFERRED]
Cited Judgements :-
PRAGATHI ANGAVIKALARA KSHEMABHIVRUDDI SANGHA VS. MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION [LAWS(KAR)-2023-6-140] [REFERRED TO]SNIGDHA VS. BIRLA INSTITUTE OF TECHNOLOGY, MESRA, RANCHI THROUGH ITS VICE CHANCELLOR [LAWS(JHAR)-2016-10-35] [REFERRED TO]
BONBEHARI ROY VS. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY [LAWS(CAL)-2004-5-14] [REFERRED TO]
COURT ON ITS OWN MOTION VS. UNION OF INDIA & ORS. [LAWS(DLH)-2017-8-56] [REFERRED TO]
DAYA SHANKAR TIWARI VS. UNION OF INDIA [LAWS(ALL)-2004-9-202] [REFERRED TO]
MD SERAJUDDIN VS. MD ABDUL KHALIQUE [LAWS(GAU)-2004-5-26] [REFERRED TO]
JAI PRATAP NARAIN SINGH VS. STATE OF U P & OTHERS [LAWS(ALL)-2018-1-426] [REFERRED TO]
HOUSING & URBAN DEVELOPMENT CORPORATION LTD VS. LEELA HOTELS LIMITED [LAWS(DLH)-2013-3-71] [REFERRED TO]
LOK HOLDINGS AND CONSTRUCTIONS LTD VS. MUNICIPAL CORPORATION OF GR MUMBAI [LAWS(BOM)-2014-3-281] [REFERRED TO]
NEPAL CHANDRA PAUL VS. STATE OF TRIPURA [LAWS(GAU)-2004-5-16] [REFERRED TO]
DR. MOIRANGTHEM KIRANCHAND SINGH VS. STATE OF MANIPUR AND ANOTHER [LAWS(GAU)-2007-12-46] [REFERRED TO]
MINTU KARAR & ANR. VS. LAXMI KANTA SENAPATI [LAWS(CAL)-2016-3-151] [REFERRED TO]
MANISH SHARMA VS. LT GOVERNOR [LAWS(DLH)-2019-8-185] [REFERRED TO]
M SUNDARAMMAL VS. PRESIDING OFFICER LABOUR COURT [LAWS(MAD)-2011-12-33] [REFERRED TO]
HAFIZ VS. STATE OF BIHAR [LAWS(PAT)-2003-2-34] [REFERRED TO]
SATYA NARAIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-12-35] [REFERRED TO]
KURUKSHETRA DEVELOPMENT BOARD VS. JAGTAR SINGH [LAWS(P&H)-2006-2-483] [REFERRED TO]
PARTAP SINGH VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2005-3-115] [REFERRED TO]
Devendra Nath Sharma VS. State of Jharkhand [LAWS(JHAR)-2012-4-107] [REFERRED TO]
Bindeshwari Mandal VS. State of Jharkhand [LAWS(JHAR)-2012-4-124] [REFERRED TO]
BINAPANI DAS VS. C M C [LAWS(CAL)-2004-4-27] [REFERRED TO]
Kamta Singh VS. State of Jharkhand [LAWS(JHAR)-2012-4-168] [REFERRED TO]
MAHENDRA NARAIN MISHRA VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2012-5-199] [REFERRED TO]
MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD. VS. E. HUMAYUN SHERIFF [LAWS(MAD)-2012-12-338] [REFERRED TO]
IRFAN AHMAD VS. U P COOPERATIVE FEDERATION LTD AND 3 ORS [LAWS(ALL)-2016-5-492] [REFERRED]
SUBEDRA KASHIMIRA SINGH VS. GOVERNMENT OF INDIA [LAWS(APH)-2007-6-14] [REFERRED TO]
SUBEDAR KASHMIRA SINGH VS. CHIEF OF ARMY STAFF [LAWS(APH)-2007-6-47] [REFERRED TO]
ASHOK KUMAR VS. PARAMJEET KAUR [LAWS(DLH)-2013-10-308] [REFERRED TO]
R RAVEENDRAN NAIR VS. KERALA AGRICULTURAL UNIVERSITY [LAWS(KER)-2002-6-65] [REFERRED TO]
ANU BHALLA VS. DISTRICT MAGISTRATE, PATHANKOT [LAWS(P&H)-2020-9-129] [REFERRED TO]
SARASWATI BHANDARI VS. STATE OF UTTARANCHAL [LAWS(UTN)-2004-11-44] [REFERRED TO]
NITYANAND KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2004-5-65] [REFERRED TO]
SIDHESHWAR DHARI SINHA VS. STATE OF BIHAR [LAWS(PAT)-2003-12-20] [REFERRED TO]
Mahendra Narain Mishra VS. State of Jharkhand [LAWS(JHAR)-2012-4-167] [REFERRED TO]
TARAPADA DEY VS. AMITAVA DEY [LAWS(CAL)-2009-1-18] [REFERRED TO]
M.V.SUBBA RAO VS. LAND ACQUISITION OFFICER [LAWS(KAR)-2013-2-237] [REFERRED TO]
UNION OF INDIA VS. KM CHAUDHARI [LAWS(BOM)-2004-12-120] [REFERRED TO]
MANAGEMENT RURAL UNIT FOR HEALTH AND SOCIAL AFFAIRS RUHSA VS. PRESIDING OFFICER LABOUR COURT VELLORE [LAWS(MAD)-2009-7-646] [REFERRED TO]
SHRI SANTOSH SAW MIL VS. ALLAHABAD BANK [LAWS(P&H)-2022-10-22] [REFERRED TO]
RAM NARAIN SINGH VS. STATE OF U P [LAWS(ALL)-2007-5-87] [REFERRED TO]
MEGA ELECTRICALS VS. ASSAM STATE ELECTRICITY BOARD [LAWS(GAU)-2011-5-6] [REFERRED TO]
LAXMI PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2004-5-3] [REFERRED TO]
GOLD STAR GREEN SEEDS PVT.LTD. VS. STATE OF U.P. [LAWS(ALL)-2020-8-15] [REFERRED TO]
BHAGWAT PRASAD VS. STATE OF U P [LAWS(ALL)-2014-5-333] [REFERRED TO]
SRI BISWANATH NEOGI VS. DIRECTOR AND INSPECTOR GENERAL OF POLICE AND ORS. [LAWS(CAL)-2009-9-109] [REFERRED TO]
SHAMBHU NATH DAS & ORS. VS. DIRECTOR OF EDUCATION & ORS. [LAWS(DLH)-2016-5-370] [REFERRED TO]
STAYA NARAIN SINGH VS. U.P. PUBLIC SERVICE TRIBUNAL AND OTHERS [LAWS(ALL)-2007-7-317] [REFERRED TO]
STATE OF U P VS. YOGENDRA KUMAR PAL [LAWS(ALL)-2008-5-73] [REFERRED TO]
STATE OF TRIPURA VS. HAMENDRA NARAYAN DATTA [LAWS(GAU)-2010-8-73] [REFERRED TO]
J RAMA RAO VS. UNION OF INDIA [LAWS(MAD)-2009-4-561] [REFERRED TO]
CENTRAL BANK OF INDIA VS. VIKRAM SINGH RANA [LAWS(MPH)-2007-3-93] [REFERRED TO]
S.S.YADAV VS. ORIENTAL INSURANCE CO. LTD. [LAWS(DLH)-2023-8-31] [REFERRED TO]
RAM BHAROSA DAS VS. STATE OF BIHAR [LAWS(PAT)-2004-6-7] [REFERRED TO]
AWADHESH SINGH VS. STATE [LAWS(PAT)-2004-9-55] [REFERRED TO]
RADHEY SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2002-10-46] [REFERRED TO]
HARDINGE MEMORIAL FUND TRUST VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2014-7-67] [REFERRED TO]
MS. BESSY EDISON AND ANR. VS. INDIRA GANDHI NATIONAL OPEN UNIVERSITY AND ORS. [LAWS(DLH)-2010-10-223] [REFERRED TO]
SURENDRA PAL SINGH VS. UOI & ORS [LAWS(DLH)-2019-2-116] [REFERRED TO]
STATE ELECTION COMMISSION U.P.LKO.THRO. STATE ELECTION VS. BRIJ KUMAR [LAWS(ALL)-2013-8-48] [REFERRED TO]
C JACOB JOHNSON VS. V MUTHUSAMY [LAWS(MAD)-2009-2-60] [REFERRED TO]
Birendra Roy VS. State of Jharkhand [LAWS(JHAR)-2012-4-113] [REFERRED TO]
SHRI ROSHAN KSHETRIMAYUM VS. THE MANIPUR PUBLIC SERVICE COMMISSION [LAWS(MANIP)-2016-6-2] [REFERRED TO]
KRISHNADEO SINGH VS. STATE OF BIHAR [LAWS(PAT)-2004-9-77] [REFERRED TO]
K.M. RAI VS. HIGH COURT OF M.P. AND ANR. [LAWS(MPH)-2003-11-120] [REFERRED TO]
SHANKARA CO OP HOUSING SOCIETY LTD VS. M PRABHAKAR [LAWS(SC)-2011-5-56] [REFERRED TO]
JUDGEMENT
Bisheshwar Prasad Singh, J. -
(1.)This appeal by special leave has been preferred by the Food Corporation of India and is directed against the judgment and order of the High Court of Punjab and Haryana dated April 30, 1999 in L.P.A. No. 164 of 1999.
(2.)By the impugned judgment and order the High Court affirmed the order passed by a learned single Judge of the High Court dated February 10, 1999 in Execution Application No. 2021 of 1997 filed for execution of the order passed in C.W.P. No. 4983 of 1993 holding that in terms of the judgment and order dated 6th May, 1994 in C.W.P. No. 4983 of 1993, the respondent herein was not only entitled to notional seniority and promotions but also to the arrears of pay and allowances with effect from the dates of such promotion.
(3.)The facts of the case may be briefly noticed:- Respondent herein (Petitioner in the writ petition) joined as an Assistant Grade III (D) in the Food Corporation of India the appellant herein, on 28th June, 1968. One Shri H. K. Bhardwaj (respondent No. 4 in the writ petition) was similarly appointed as Assistant Grade III (D) on 1st July, 1968. Both were simultaneously promoted as Assistant Grade II (D) from the panel of 1969. However, when Mr. Bhardwaj was further promoted as Assistant Grade I (D) on the basis of inclusion of his name in the panel of 1971, the respondent was not similarly promoted on account of the fact that his name had not been included in the panel of 1971. This, according to the respondent, had been done intentionally with a view to harm him. Only much later the respondent was also promoted to Assistant Grade I (D) on the basis of 1975 panel. Though Mr. Bhandwaj was further promoted as Assistant Manager (D) on the basis of 1986 panel, respondent continued as an Assistant Grade I.
(2.)By the impugned judgment and order the High Court affirmed the order passed by a learned single Judge of the High Court dated February 10, 1999 in Execution Application No. 2021 of 1997 filed for execution of the order passed in C.W.P. No. 4983 of 1993 holding that in terms of the judgment and order dated 6th May, 1994 in C.W.P. No. 4983 of 1993, the respondent herein was not only entitled to notional seniority and promotions but also to the arrears of pay and allowances with effect from the dates of such promotion.
(3.)The facts of the case may be briefly noticed:- Respondent herein (Petitioner in the writ petition) joined as an Assistant Grade III (D) in the Food Corporation of India the appellant herein, on 28th June, 1968. One Shri H. K. Bhardwaj (respondent No. 4 in the writ petition) was similarly appointed as Assistant Grade III (D) on 1st July, 1968. Both were simultaneously promoted as Assistant Grade II (D) from the panel of 1969. However, when Mr. Bhardwaj was further promoted as Assistant Grade I (D) on the basis of inclusion of his name in the panel of 1971, the respondent was not similarly promoted on account of the fact that his name had not been included in the panel of 1971. This, according to the respondent, had been done intentionally with a view to harm him. Only much later the respondent was also promoted to Assistant Grade I (D) on the basis of 1975 panel. Though Mr. Bhandwaj was further promoted as Assistant Manager (D) on the basis of 1986 panel, respondent continued as an Assistant Grade I.
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