FOOD CORPORATION OF INDIA versus F.C.I. DEPUTATIONIST ASSOCIATION AND ORS.

Citation: [1996] SUPP. 5 S.C.R. 355 · Decided: 29-08-1996 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA, S.B. MAJMUDAR · Disposal: Dismissed
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Judgment (excerpt)

FOOD CORPORATION OF INDIA 
A 
v. 
F.C.I. DEPUTATIONIST ASSOCIATION AND ORS. 
AUGUST 29, 1996 
[K. RAMASWAMY, B.L. HANSARIA AND S.B. MAJMUDAR, JJ.] 
B 
Service Law : 
Deputationist~~Absorptfon of after 18 years-Fitment of in pay-
scale-T7zough made to discharge dufies of the post of Assistants Grade-II C 
they were sought to be absorbed in 'A{sistant Grade-Ill-Order set aside by 
Single Judge and upheld by Division Bench of the High Cowt-On appeal 
held, having had the employees on 'deputation, having had them absorbed 
and asking them discharge the duties of the post of Assistant Grade-II for 
well over 18 years, it would be highlji unjust and arbitr01y to deny them of the 
scale attached to the post of Assistant Grade-II-High Court was light in D 
giving the direction to absorb them in the post of Assistant Grade-II-Hence 
no interference called for. 
CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) 
No. 16416 of 1996. 
From the judgment and Order dated 12.6.96 of the Calcutta High 
Court in F.M.A. No. 376 of 1992. 
H.K. Puri for the Petitioner. · 
~'.Y.t 
S.K. Nandy for the Respondents. 
The following Order of the Court was delivered : 
E 
F 
The petitioners are challenging the order of the Division Bench of 
the Calcutta High Court dated June 12, 1996 made in F.M.A. No. 376/92. 
The admitted position is that wni.le the respondents were working as G 
Sub-Inspectors in the Food Departm'ent of the Government of West Ben-
gal, they were taken on deputation to the petitioner-Corporation. They 
were made to discharge the duties of the post of Assistants Grade-II. 
Admittedly, they had worked for more than 18 years in those posts. While 
absorbing them, question which arose was in which scale of pay they were H 
355 
356 
SUPREME COURT REPORTS (1996] SUPP. 5 S.C.R. 
A 
to be fitted. In terms of paragraph 7 of the Corporation's circular bearing 
No. 9-1/87-EP (Pt. 1), dated 23.9.1988, the respondents were sought to be 
absorbed in Assistant Grade-III. The respondents challenged the fitment 
in the writ petitions. The learned single Judge, after consideration of the 
entire material recorded as under. 
B 
c 
D 
E 
F 
G 
"From the pleadings adduced by the parties, it appears before this 
Court that because of continuous satisfactory service for 18 years 
on "deputation", the petitioners having discharged the function of 
Assistant Grade II, at the time of absorption the petitioners are 
not entitled to be treated in a discriminatory fashion by absorbing 
them in Assistant Grade III, as it has been done in the facts of the 
present case, and, as such, in any view, the writ petition is entitled 
to succeed and the impugned decision dated September 22, 1988, 
in so far as item No. 7 is concerned deciding to absorb the writ 
petitioners in Assistant Grade-III with effect from July 1, 1984, is 
set aside." 
The Division Bench had also concurred with the conclusion reached 
at by the the learned single Judge thus : 
"From the pleadings of the parties it also appeared that because 
of continuous satisfactory service for about 18 years on deputation, 
the deputationists have been discharging the functions of Assistant 
Grade-II at the time of absorption and accordingly they were 
entitled to pay scale of Assistant Grade-II at the pay scale of Rs. 
380-640. We do not find any reason to interfere with the order and 
judgment passed by the learned trial judge and accordingly we 
1 
affirm the decision of the learned trial judge that the appellant 
should confer the pay of the post of Assistant Grade-II carrying 
the pay - scale of Rs. 380 - 640 to the said deputationist as they 
were discharging the functions of Assistant Grade-II at the time 
of such absorption." 
It would thus be clear that the respondents had discharged the duty 
of the posts as Assistants Grade-II for over 18 years and odd. Admittedly, 
the scale of pay of Assistants Grade-II is Rs. 300-685. Consequentially they 
are entitled to be absorbed in the scale of pay attached to the post of 
H Assistants Grade-II. 
-
EC.I. v. F.C.I. DEPUTATIONIST ASSN. 
357 
It is contended by Shri H.K. Puri, learned counsel for the petitioners, A 
that since in the Corporation there was no equivalent post of Sub-Inspec-
tors, which posts the respondents had held in the State Government 
service, the post in the Corporation carrying the equivalent scale of pay is 
of Assistant Grade-III; necessarily they are to be fitted into the scale of 
pay payable to Assistants Grade-III and
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