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2009 Supreme(SC) 1060

S.B.SINHA
Food Corp. of India – Appellant
Versus
Ashis Kumar Ganguly – Respondent


Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Food Corporation of India constituted and incorporated under the Food Corporations Act, 1964 (for short "the Act") is before us questioning the correctness of a judgment and order dated 29.11.2006 passed by a Division Bench of the Calcutta High Court in F.M.A. No. 356 of 2002 directing it to grant advance increments to 57 deputationist employees.

3. The services of the employees of the Food Department of the Central Government as also the State Government were initially taken for running the affairs of the Corporation. Respondents before us were employees of the State of West Bengal. They were on deputation to the Food Corporation of India from several States.

4. The Act was enacted to provide for the establishment of Food Corporations for the purpose of trading in foodgrains and other foodstuffs and for matters connected therewith and incidental thereto. The matter relating to recruitment of staff in the Food Corporation of India is governed by Section 12 of the Act, which reads as under:

"12. Officers and other employees of Corporation -(1) The Central Government shall, after consultation with the Corporation, appoint a person to be























































































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