D. P. Wadhwa, J. - (1.) In this petition under Art. 32 of the Constitution the five petitioners have prayed for the following reliefs:"(a) issue declaration that the formation of Accounts Cadre in the Food Corporation of India made in the year 1977 is illegal, void; (b) issue a writ of certiorari quashing the circular No. 3 of 1984 dated 17-1-1984, Office Order No. 57 of 1987 dated 26-8-1987, No. 80 of 1987, dated 22-4-1987 and No. 87 of 1987 dated 29-12-1987 issued by the Food Corporation of India/Respondent No. 1; (c) direct the Food Corporation of India by issuing an appropriate writ in the nature of mandamus that all the optees in pursuant of Notification dated 5-2-1977 and 17-11-1977 and Notification No. 3 of 1984 dated 17-1-1984 be placed in their respective cadres and may declare that all the optees aforesaid shall remain placed in their respective cadres where before 1977; (d) issue a writ in the nature of prohibition prohibiting the respondents from making any further promotion in the Accounts Cadre; (e) to declare the Notification dated 5-2-1977 and 17-11-1977 issued by Food Corporation of India as illegal and void; (f) any other writ or writs, order or orders, direction or directions; (g) allow the costs."
(2.) The petitioners are working in the Food Corporation of India, a Corporation, established under the Food Corporation Act, 1964.
(3.) The Corporation with the approval of the Central Government took a decision to form a separate Accounts Cadre from the level of Assistant Grade-III onwards. A circular to this effect was issued on February 2, 1977. It was stated in the circular that Accounts Cadre at the level of AG III, AG II and AG I would initially be formed by transfer of the qualified personnel from the General Administration Cadre. Options were, therefore, called for from the AG I in General Administration Cadre possessing a degree in Commerce, Mathematics or Statistics for transfer to the Accounts Cadre as AG I (A/Cs). It was also mentioned that the options of such AG I (General Administration) for transfer to the Accounts Cadre would be subject to their passing a departmental test, details of which would be intimated in due course. Similar options were called from AG II and AG III (General Administration) for their transfer to the grade of AG II (A/Gs) and AG III (A/Cs) respectively. A notification incorporating the policy decision was issued on February 5, 1977 and accordingly the Corporation amended the Food Corporation of India (Staff) Regulation, 1971. IF we refer to the notification initial recruitment to Assistant Grade-III in the newly formed Accounts Cadre was from Assistant Grade III of General Cadre possessing the prescribed qualifications who would be transferred to the Accounts Cadre on the basis of option.;