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2008 Supreme(SC) 182

S.B.SINHA, G.S.SINGHVI
FOOD CORPORATION OF INDIA – Appellant
Versus
PARASHOTAM DAS BANSAL – Respondent


ADVOCATES APPEARED:
Amarendra Sharan, Additional Solicitor General (S. Chandra Shekhar and Amit Anand Tiwari, Advocates) for the Appellants;
Soumitra Ghose Chaudhuri, Parijat Sinha, Ms R. Rea Sinha, S.c. Ghosh and Snehasish Mukherjee, Advocates, for the Respondents.

Judgement Key Points

Employees of the Food Corporation of India (FCI), a statutory body under Article 12 of the Constitution, have no fundamental right to promotion but possess a right to be considered for promotion, as promotion constitutes a normal incidence of service.[1000430050008] Provision for promotion enhances efficiency in public service, while stagnation diminishes it and renders service ineffective.[1000430050009][1000430050010] The FCI, as "State", bears constitutional obligations under Articles 14 and 16 to create promotional avenues, particularly where employees face prolonged stagnation (e.g., respondents stagnated for around 30 years with no avenues).[1000430050002][1000430050013][1000430050011] Superior courts possess jurisdiction to direct formulation of a promotional scheme or assured career progression if no channels exist, leading to stagnation, without interfering with existing promotion structures for other cadres.[1000430050011][1000430050012] Selection grade or accelerated career progression schemes for certain employees (e.g., unionised staff) do not substitute for a full promotional scheme and were distinguished in this context.[1000430050022][1000430050015] The court upheld directions for a scheme benefiting stagnated engineers, rejecting FCI's claims of existing avenues as unsubstantiated and inconsistent with its prior admissions.[1000430050014][1000430050015][1000430050017][1000430050023]


Judgment

S.B. SINHA, J.- Leave granted.

2. The appellant is a statutory body constituted under the Food Corporation of India Act, 1964. Its functions, inter alia, are related to procurement and distribution of food grains. It, inter alia, implements the food policy of the Government of India. The Act provides for regulation-making power. Pursuant thereto or in furtherance thereof regulations have been made laying the promotion policy of its officers known as the FCI (Staff) Regulations.

3. The respondents herein were appointed in the Engineering Section. Although Food Corporation is not an engineering-oriented organisation, services of engineers are necessary for maintenance of godowns and other structures. They constitute about one per cent of its total work force. Admittedly, the respondents were stagnated. There was no promotional avenue for them. The appellant itself had approached the Union of India for creation of promotional avenue and formulating schemes providing for assured career promotion. Admittedly, several other categories of employees filed writ applications praying for a direction upon the appellant to formulate suitable schemes of organisational structure. Indispu




























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