FOOD CORPORATION OF INDIA AND ORS. versus H.N. BHARTI AND ORS.

Citation: [1992] 2 S.C.R. 328 · Decided: 25-03-1992 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Disposed off

Judgment (excerpt)

A 
FOOD CORPORATION OF INDIA AND ORS. 
v. 
~ 
H.N. BHARTI AND ORS. 
MARCH 25, 1992 · 
~ 
B 
[A.M. AHMADI AND K. JA YACHANDRA REDDY, JJ] 
~ 
Civil Services : 
--A 
Food Corporation Act, 1964 : 
c 
Section 45-Regulations framed under the Act-Regulations 7, JO and 
15-Circular issued on 15.5. 75--lnter-se seniority-Direct recrnits and trans-
~· 
ferees-Fixation of-Directions issued. 
On the abolition of the Food Department under the Central Govern-
D ment, the employees therein were transferred to the Food Corporation of 
India (FCI). In exercise of its powers conferred by Section 45 of the Food 
Corporation Act, 1964, FCI framed Regulations in regard to appointments 
and promotions. Later, pursuant to Regulation 10, FCI issued a Circular 
on 15.5.75 to the effect that both the employees transferred from the 
E 
erstwhile Food Department (Food Transferees) and the direct recruits will 
be promoted on ad-hoc basis. It also stated that with the final transfer of 
Food Transferees to FCI with effect from 1.3.69, their promotions had to 
be regularised. It also provided that the transferees as well as direct 
-J.._ -
recruits would be deemed to have completed the period of probation 
satisfactorily if they have completed one year of service in that grade. This 
F 
was in' accordance with Regulations 7 and 15 which stipulated a period of 
-
one year probation for the regular appointees in FCI- both transferees 
and direct recruits. 
One of the Respondents who was given ad-hoc promotion as Assis-
~ 
G tant Manager was reverted on the ground that he was not approved for 
regular promotion. Being aggrieved by the reversion order, he approached 
the High Court by way of a Writ Petition. The High Court directed the FCI 
to consider his case in the light of the circular dated 15.5.1975. 
Some other Writ Petition were also filed before the High Court by 
_-(-
H the employees challenging the seniority list, and the High Court quashed 
328 
- ... ... 
F.C.I. v. H.N.BHARTI 
329 
the seniority list and directed the FCI to consider the claims of the Writ A 
Petitioners in the light of the circular dated 15.5.1975. 
The Union of India preferred appeals, against the orders of the 
High Court. A Writ Petition has been filed directly before this Court in 
regard to fixation of seniorty. 
On behalf of FCI, it was contended that there was no need to quash 
the entire seniority list, as has been done by the High Court in the 
subsequent cases. 
Disposing of the matters, this Court, 
HELD : 1. It will be seen from the circular dated 15.5.75 that the 
procedure for regularisation of 'food transferees' on their absorption in 
B 
c 
the FCI was laid down and it was provided that the transferees as well as 
direct recruits described as 'ad-hoc promotees' may be deemed to have 
completed the probationary period satisfactorily if they have completed D 
one year of service in that grade after following the procedure laid down 
in Regulation 15 and allied orders. [333C, D] 
2. Paragraph 3 of th~ circular envisages passing of formal orders 
of regular appointments (as required by Regulation 7) after following the E 
procedure laid down in the circular. These orders of regular appointment 
will be on the post held by the 'food transferees' on the date of absorption 
and if one has since been promoted, a separate· order in respect of the 
promotion post would also be passed. This in brief is the import of the 
circular read in the light of Regulations 7, 10 and 15. The circular has 
taken care of both th,e categories, namely, direct recruits as well as 'food F 
transferees'. It is, therefore, essential that· the question of seniority of both 
the cadres be determined on the basis of the principles laid down in the 
said circular. There was no need to strike down the entire seniority list but 
it would suflice if the FCI is directed to review and determine the seniority 
of the 'food transferees', as well as direct recruits who were granted ad-hoc G 
promotions. [3360-F] 
3. Food Corporation of India is directed to have the inter se seniority 
of the direct recruits/food transferees determined in the light of the cir-
cular and grant appropriate placements to the incumbents on the basis of 
the seniority so determined in the existing seniority list. Such placements H 
" 
330 
SUPREME COURT REPORTS 
[1992] 2 S.C.R. 
A 
may require a reshuffie of the seniority list which the F'CI would be free to 
do. Having regard to passage of time it is directed that this

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