P.K.Mukherjee, J. - (1.) Food Corporation of India Deputationist Association and others moved this writ petition on January 6, 1989, and, infer alia, prayed for a Writ in the nature of Mandamus upon the Food Corporation of India (hereinafter referred to as the "F.C.l.") and their officials to absorb the F.C.I. State Government Deputationists in the categories of Sub - Inspectors / Assistant Store Keepers / Distributors / Samplers, who had put in less than 18 years "continuous service" in the post of Assistant Grade II carrying pay, scale of Rs. 380-640/- and not in the post of Assistant Grade III carrying pay scale of Rs. 290-485/- and for other reliefs.
(2.) This writ petition has come up for final hearing, after completion of affidavits, before me on May 16, 1990, and it was heard on subsequent days.
(3.) Mr. S. K. Roy, learned Advocate appearing in support of the writ petition, has placed the following facts for consideration of this Court :- On or about November 26,,1966, there was an agreement entered into between the State of West Bengal through its Secretary of the Food and Supplies Department and the F.C.I. whereby for facilitating smooth transfer of functions, certain arrangements were catered into between the State of West Bengal and the F.C.I., which is set out hereinbelow :- "9 (b) Till such time as the employees of the State Government taken over by the Corporation are absorbed by the Corporation they will be on deputation. Such officers and staff on deputation shall continue to be governed by the same pay and scales of pay as under the State Government. The other terms and conditions of their deputation will be settled by mutual consultation between the Corporation and the State Government which in any case shall not be less favourable than what is admissible under the West Bengal Government rules. The Corporation shall bear leave salary and pensionary contribution for the staff that would be on deputation to it. (c) In respect of officers and staff that will be eventually absorbed by the Corporation in its service the Corporation shall make regulation under the Food Corporation Act in such manner as to confirm to as far as possible to the conditions of service that governed such officers and staff at present under the Government. The Corporation shall also relax if necessary its rules of recruitment in order to enable it to absorb the officers and staff that will be eventually absorbed in its service".;