P. Sadagopan
& Ors Vs. Food Corporation of India, Zonal Oficer [1997] INSC 322 (20 March 1997)
K.
RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEADNOTE:
O R D
E R This appeal by special leave arises from the judgment of the Division Bench
of the Madras High Court made in Writ Appeal No. 32/77 on April 26, 1982.
Respondent
M. Sambandan and others had filed writ petition in the High Court seeking
direction for consideration their case for promotion in terms of the executive
instructions issued by the Board. The learned single Judge dismissed the
petition. On appeal, the Division Bench upon instructions issued by the Board
and held that the promotion should be in terms of the instructions issued by
the Board which terms of the instructions issued by the Board which bind the
zonal promotions. Those instructions came to be issued in exercise of
Regulation 91 of the Staff Regulations. The question, therefore, is whether the
view taken by the Division Bench is correct in law? Regulation 10 of the Staff
Regulations, 1971 reads under:
"All
promotions shall be considered by a Promotion Board duly constituted for
purpose and shall be regulated by the general instructions to be issued by the
Corporation from time to time in regard to the field of choice of candidates,
the size of the panel and validity of the panel." The Regulation provides
that such of the candidates who have put in three years experience as Assistant
Category I are eligible to be considered for promotion as Assistant Managers in
Category II post. It is now settled legal position that executive instructions
cannot be issued in derogation of the statutory Regulations require that
experience of three years is a pre-condition to consideration for promotion to
Category II post from Category I post, it would be obvious that any relaxation
was in defeasance of the above Regulations. The Division Bench, therefore, was
not right in upholding the power of the Board in directing relaxation of the
statutory Regulations and consideration of the cases without considering the
claims of all the eligible persons. Moreover, later the Board itself cancelled
1970 panel. Regulation issued for promotion of the Scheduled Castes and
Scheduled Tribes should also be considered. Admittedly, they were not
considered. Since the claims of all the persons are not before us, we do not
propose to close the matter at this end. Accordingly, we set aside the order of
the Division Bench and direct the concerned authorities to determine the
promotions of all the eligible persons in accordance with the statutory
Regulations and pass appropriate orders within a period of six months from the
date of the receipt of the order.
The
appeal is, accordingly, allowed. The writ petition subject to the above
directions. No costs.
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