Vineet Saran, J. - (1.) Heard Sri Chandra Bhan Gupta, learned counsel for the petitioner as well as Sri N.P.Singh, learned counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the learned counsel for the parties this writ petition is. being disposed of at the admission stage itself.
(2.) The Food Corporation of India initially engaged the petitioner as a handling labour for the purposes of loading and unloading. The contention is that the petitioner has worked as handling labour for more than two decades and that, on the basis of his seniority, he is entitled to be promoted as Mandal/Sardar of the gang in which he has been working as handling labour. The submission is that on 1.1.1999 the Assistant Manager of the Corporation (on behalf of the District Manager) had written to the Joint Manager for promotion of the three handling labourers as Mandals in their respective gangs. The name of the petitioner, who was member of Gang No. 27, was at Serial No. 2 of the said list. Thereafter on 19.11.1999 the name of the petitioner had again been recommended and forwarded by the District Manager to the Senior Regional Manager for his promotion as Mandal. Thereafter by an order dated 3.9.2004, the Senior Regional Manager delegated the powers for promotion on the post of Mandal/Sarder to the District Manager, with a further direction that the promotion should be made on the vacant posts on the basis of seniority, within one month, as the work of the depot was suffering in the absence of Mandals and Sardars. On 22.11.2004 the District Manager called for recommendations for promoting handling labourers to the post of Mandal/Sardar on the basis of seniority in their gang. The contention is, that after considering the seniority list and the recommendations of the officials concerned, the District Manager, Food Corporation of India, Kanpur, passed an order dated 3.12.2004 promoting two Mandals on the post of Sardar and 5 handling labourers on the post of Mandal. The name of the petitioner was found in the said list for promotion as Mandal and was thus promoted as Mandal of Gang No. 27. The said order did mention that promotions were being made provisionally, on adhoc basis, and were subject to confirmation by the Departmental Promotion Committee (Labour). In pursuance of the aforesaid promotion order, the petitioner joined as Mandal on 9.12.2004 and was also issued identity card by the Food Corporation of India showing his designation as Mandal of Gang No. 27. However, by the impugned order 6.12.2004 passed by respondent No. 3, the earlier order dated 3.12.2004 by which the petitioner and others had been granted promotion to the next higher post, was directed to be kept in abeyance till further orders. Aggrieved by the said order dated 6.12.2004, the petitioner has filed this writ petition. A further prayer has also been made that in compliance of the order dated 3.12.2004 the petitioner may be allowed to continue to work as Mandal of Gang No. 27.
(3.) Sri N.P. Singh, learned counsel appearing for the respondents has stated that by order dated 6.12.2004, the earlier order had only been kept in abeyance and had neither been cancelled nor withdrawn, and as such the petitioner cannot be said to be having any grievance against the same. It has further been submitted that the order dated 3.12.2004 had been passed by the District Manager under duress, as would itself be clear from perusal of the order dated 6.12.2004 by which the earlier order had been kept in abeyance. The further contention is that the promotion given to the petitioner was purely provisional and on adhoc basis, and as such the petitioner cannot be said to have accrued any right in his favour. It has thus been urged by Sri Singh that as the order of promotion had been passed under pressure and not out of free will, the setting aside or directing the same to be kept in abeyance was wholly justified. It is also disputed that the petitioner ever joined as Mandal after the grant of promotion and that any such identity card had been issued in his favour.;