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1997 Supreme(SC) 528

K.RAMASWAMY, S.SAGHIR AHMAD
P. Sadagopan – Appellant
Versus
Food Corporation Of India, Zonal Officer (South Zone) Represented By Its Zonal Manager – Respondent


ORDER

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.

2. Respondent M. Sambandan and others had filed writ petition in the High Court seeking direction for consideration their cases for promotion in terms of the executive instructions issued by the Board. The learned single Judge dismissed the petition. On appeal, the Division Bench relied upon instructions issued by the Board and held that the promotion should be in 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 promotion 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."

3. The Regulation provides that such of the candidates who have put in thre



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