Hari Singh vs The Food Corporation of India

Mehtab S. Gill, J.—The petitioner has filed this writ petition in the nature of Mandamus to direct the respondents to grant him benefit of service rendered by him in the military, towards seniority and to promote him in Class III service against the post reserved for Class IV employees.

The petitioner has averred that he served in the military from 24.5.1967 to 31.5.1977. He passed Matriculation Examination in the year 1959 i.e. before he joined military service. After his retirement, he joined the service of respondents as a Watchman on 25.10.1977. He is still working as a Watchman.

The petitioner has further averred that the instructions issued by the Government of India have been adopted by the Food Corporation of India. These instructions relate to the benefits to be given to the ex-servicemen towards seniority, fixation of pay etc. The respondents have issued instructions that 30% posts in Class III Service will be filled by promotion from amongst Class IV employees who are Matriculates.

Counsel for the petitioner has stated that Class IV employees who had done Matriculation later than the petitioner, though they had joined the service of the respondents before the petitioner, were promoted. Since they had not done Matriculation, they could not have been given promotion from Class IV to Class III. As the petitioner was a Matriculate before he joined military, he, thus, was entitled to get his promotion before the other employees.

Counsel for the petitioner has further stated that the pay of the petitioner has been fixed and his military service from 24.5.1967 to 31.5.1977 has been taken into consideration. He does not have any grievance on this count. The only grievance which the petitioner has now, is that he should have been promoted before some other employees who had done Matriculation later, but though they had joined service of the respondents before the petitioner had joined.

Counsel for the respondents has stated that instructions No. Estt. 31(2)/Service/C/82-E-1 dated 18.1.1983 have been issued by the Government of India which have been adopted by the Food Corporation of India. These instructions have not been attached with the written statement. A photo copy of the instructions is taken on record.

Counsel for the respondents has further stated that according to the instructions, ex-servicemen shall be entitled to the benefit of service rendered by them in the military infixation of pay only and as per these instructions, vide office order dated 14.4.1988, the pay of the petitioner has been re-fixed. He has further stated that the seniority of Class IV employees is to be taken from the date of joining and seniority, as per instructions, is not to be reckoned from the passing of Matriculation examination. The petitioner joined on 25.10.1977 and, thus, seniority of the petitioner for promotion to Class III from Class IV shall be taken from 25.10.1997.

I have heard the learned counsel for the petitioner and respondents and perused the petition.

The petitioner has not challenged instructions dated 18.1.1983 (supra). Since the petitioner has neither challenged the instructions, nor made out a case for quashing of these instructions, they are in force till date.

As the pay of petitioner has already been re-fixed as per instructions, by taking his military service into consideration and these instructions stand till date, I do not find any merit in the writ petition which is dismissed.