- (1.) Leave granted in S. L. P. The Food Corporation of India (hereinafter referred to as Corporation) was established under the Food Corporation of India Act, 1945 (for short, the Act). Section 45 of the Act empowered the Corporation to make regulations for the purpose of giving effect to the provisions of the Act with the previous sanction of the Central Government. One of the matters set out in sub-section (2) is 'the methods of appointment, the conditions of service etc. of the officer and employees of the Corporation other than the Secretary'. For the first time in 1971 F. C. I. (Staff) Regulations were framed. Prior to that all matters relating to the service of employees were governed by Office Manual.
(2.) Under the 1971 Regulations, Category 3 comprised inter alia the posts of Assistant Grade I (for short AG-I), Assistant Grade-II (for short AG-II), Assistant Grade-III (for short AG-III), Typist and Telephone Operator in the General Administration Cadre as well as in the Godown Cadre. The minimum educational qualification for the posts of AG I, AG II and AG III was graduation while it was matriculate for the other two posts. The mode of recruitment for the post of AG I was 100% promotion from the posts of AG II or Telex Operators failing which direct recruitment. The eligibility criterion was three years of service as AG II or Telex Operator. The post of AG II was to be filled up by 100% promotion of those who had three years service as AG III, Typist or Telephone Operator failing which by direct recruitment.
(3.) On 1-5-1975 a circular was issued by the Corporation that it had been decided to make a differentiation at the time of first promotion from the recruiting grades between graduates and matriculates. According to the circular, the former would become eligible for promotion after three years of service while the latter would become eligible after five years of service. The circular also made it clear that promotions made in that manner will be made on provisional basis for the time being as a purely temporary measure and they may be regularised as soon as formal amendment to the Regulations was made. On 22nd April, 1976 the F. C. I. (Staff) (30th Amendment) Regulations, 1976 was notified. It was deemed to have come into force on 1-5-74. That pertained to General Administration Cadre. Similarly F. C. I. (Staff) (43rd Amendment) Regulations, 1977 was notified on 10-2-77 with respect to Godown Cadre. The effect of the above amendments was to fix three years of service for graduates and five years of service for matriculates as eligibility criterion.;