Full Judgment Text
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PETITIONER:
P. SADAGOPAN & ORS.
Vs.
RESPONDENT:
FOOD CORPORATION OF INDIA, ZONAL OFICER (SOUTH ZONAL MANAGER
DATE OF JUDGMENT: 20/03/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEADNOTE:
JUDGMENT:
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
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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.