The Food Corporation of India & Anr v. Krishan Kumar Sodhi

MANMOHAN, J. SEPTEMBER 27, 2010 dk

* THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 20th September, 2010 % Judgment Pronounced on:27th September, 2010 + LPA 234/2008 THE FOOD CORPORATION OF INDIA & ANR. ..... Appellant Through: Mr. Virender Kumar Sharma & Mr. Deepak Diwan, Advs. versus KRISHAN KUMAR SODHI ..... Respondent Through: Mr. S.R. Singh, Sr. Adv. With Mr.M.M. Singh, Adv. + LPA 235/2008 THE FOOD CORPORATION OF INDIA & ANR. ..... Appellant Through: Mr. Virender Kumar Sharma & Mr. Deepak Diwan, Advs. versus NIRMALA DEVI SHARMA ..... Respondent Through: Mr. S.R. Singh, Sr. Adv. With Mr.M.M. Singh, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ In these two appeals, the vulnerability of the composite order dated 17th January, 2008 passed by the learned Single Judge in WP(C) 3720/2006 and WP(C) No. 14198/2004 being called in question, they were heard analogously and are disposed of by a singular order. For the sake of clarity and convenience, the facts in WP(C) No.14198/2004 are unfurled herein. This Court shall also advert to the necessitous facts in brief in the other writ petition. 2. The respondent-petitioner (hereinafter referred to as "the respondent") was appointed as a typist on daily wage basis on 17.6.1972 at the Headquarters, New Delhi of the Food Corporation of India, the appellant- herein, vide letter dated 13.6.1972 and her services were regularized on 26.2.1976. From 1972 till the date of regularization, she worked continuously as daily wage typist and thereafter was promoted to the post of Assistant Grade-II on 14.8.1987 and to the post of Assistant Grade-I in October, 2002. It was contended before the learned Single Judge that in the case of similarly placed typists, namely, Shri S.K. Bassi and Shri V. Shekhar, the period spent on daily wage basis was taken into consideration while fixing their seniority, but similar benefits were not extended to her. She made representations from time to time and eventually vide communication dated 3.5.2000, she was given a reply that the Zonal Office was not competent to decide and fix the seniority of daily wagers. She was advised to approach the concerned appointing authority. As set forth, the respondent made further representations but there was no response and her seniority was not fixed as sought for. In this backdrop, a prayer was made to issue a writ of mandamus to re-fix the seniority giving the benefit of the period spent as a daily wager and after computing the seniority on that foundation extend the consequential benefits of promotion, etc. 3. The averments made in the writ petition were disputed by the present appellant contending, inter alia, that five typists in all were given the benefit of the period spent on daily wage basis by the competent authority at the headquarters in terms of Regulation 15(5) of the Food Corporation of India (Staff) Regulation, 1971 (for short "the Regulations") but the petitioner approached the zonal authority. It was also contended that the writ petitioner was claiming seniority after expiry of 28 years and, hence, her case did not deserve to be considered for re-fixation of seniority. Quite apart from the above, it was urged that the appointing authority had not been impleaded as a party. 4. The learned Single Judge took note of the fact that the Food Corporation of India is a statutory authority; that the plea put forth by the writ petitioner to the extent that there was no ground for discrimination has gone undisputed; the other daily wagers had been given the benefit and the same has been sought to be justified on the foundation that it was done by the appointing authority or at the headquarter, but the said explanation does not stand to reason; that the Food Corporation of India is unable to explain how some of the employees, nam