S P. Srivastava, J. - (1.) WHILE the petitioner was an employee of the Central Government holding the post of Upper Division Clerk, he was deputed to work with the Food Corporation of India, which established under the provisions of the Food Corporation Act, 1964 and was sent there on deputation on 7th April, 1969 and posted as Assistant Grade 2, which was a post equivalent to that of Upper Division Clerk. The Food Corporation of India framed (Staff) Regulations 1971 in exercise of the jurisdiction conferred by Section 45 of the Food Corporation Act, 1964, which were published in the Gazette on 8-5-1971. The petitioner was granted promotion to the post of Assistant Grade-I by the Food Corporation of India under the order dated 13th December, 1970. In the Zonal seniority list of the Assistant Grade-I, the petitioner was placed all serial No. 199. He was granted a further promotion to the post of Assistant Manager (General) under the order dated 12th April, 1972. However, vide an order dated 23-12-1974 a true copy of which has been filed as Annexure-4 to the writ petition he was reverted to the post of Assistant Grade-I. The petitioner has challenged the order reverting him to the post of Assistant Grade-1, by means of this writ petition, which had been filed on 13th Feburary 1975,
(2.) DURING the pendency of this writ petition various developments took place which had some bearing on the controversy raised in the case, and were brought to the notice of the Court by means of Supplementary Affidavits which form part of the record. We have heard Sri Rakesh Dwivedi, learned counsel for the petitioner and Sri N. P. Singh, appearing for the respondent Food Corporation of India at some length and have carefully perused the record. From the facts brought on record, it is apparent that by 21st July 1979, the petitioner continued to be a Central Government employee working with the Food Corporation of India on deputation On 21st July, 1979, the Central Government issued a notification, which was published in the Gazette of India, whereunder exercising the jurisdiction envisaged under section 12-A of the Food Corporation Act, 1964, the petitioner was transferred to the Food Corporation of India with effect from 1-4-69 and it was with effect from the aforesaid date that the petitioner became a 'transferred employee' as contemplated under Regulations 2 (1) of the Food Corporation of India (Staff) Regulations, 1971. It further appears from the record that after his reversion under the order dated 23-12 1974, the petitioner was again promoted to the post of Assistant Manager (General) on 4-9-1979 and since then he is continuing to hold that post. It is, therefore, obvious that the dispute raised in the present case is now confined to the validity of the order dated 23-12-1974 and the question as to whether the petitioner was entitled to be treated as continuing to hold the post of Assistant Manager (General) during the period between 23-12-197'4 and 4-9-1979 and further entitled to the service benefits attached to the 3aid post during the said period-
(3.) THE petitioner claims that he was entitled to the benefits available under the provisions contained in the Food Corporation of India (Staff) Regulations, 1971 and the decision of the Food Corporation of India contained in its circular dated 15th May, 1975 which had been issued for regularisation of the 'transferred employee' as envisaged under Regulations 2 (1) of the Regulations, who had been permanently absorbed in the service of the Corporation. On his behalf it has further been asserted, that in the circumstances of the case, he will be deemed to have been confirmed on the post of Assistant Manger (General) on account of his having been selected by the Zonal Promotion Committee which bad considered the case of the petitioner for promotion in its meeting held on 28-3-1973 and the impugned order of reversion clearly amounted to an order imposing punishment, which having been passed in violation of the procedure prescribed under Regulation 58, without affording any opportunity of being heard was void ab-initio. It has been asserted by the petitioner that a meeting of the Zonal Promotion Committee had been held on 28th March, 1973 and the petitioner was duly considered by the said Committee and found suitable to hold the post of Assistant Manager (General). It has been further asserted that the petitioner was never served with a charge-sheet nor any explanation was asked from him nor he was given any warning or adverse comment and his record of service was unblemished. He has further asserted that the order of reversion has been passed in an arbitrary and in a grossly discriminatory manner. THE petitioner has thus, claimed benefits envisaged under the decision of the Food Corporation of India contained in its circular dated 15th May, 1975 as well as the protection envisaged under tine Regulation 15 of the Regulations. The counsel for the Food Corporation of India, on the other hand,has contested the claim of the petitioner asserting that the petitioner was not governed by the Food Corporation of India (Staff) Regulations, 1971. It has been further asserted on behalf of the Corporation that the Promotion of the petitioner on the post of Assistant Manager (General) was on a purely temporary and ad hoc basis. It has further been asserted that the post of Assistant Manager (General) is a selection post, the criterian for promotion being seniority cum merit and that the petitioner had been reverted consequent upon his not having been found fit for promotion by the Zonal Promotion Committee, which had met on 22-10-1974. It has further been asserted that in the circumstances, the question of imposing any punishment or the impugned order being vitiated on account of being discriminatory did not arise.;