1998 Supreme(AP) 274

Andhra Pradesh High Court
Judges : B.S.RAIKOTE
K.ESWARA DUTT - Appellant
Versus
CHAIRMAN, FOOD CORPORATION OF INDIA - Respondent
Decided On : 04-16-98

Headnote:

Food Corporation Act,1964 - Section 45 - Food corporation of India Regulations, 1971 - Food Corporation of India Staff (56th amendment) Regulations, 1978 - Constitution of India,1950 - Articles 14 and 16 - post of Assistant Manager - Direct recruitment - advertisement - Public Service Commission - Food Corporation of India advertised for recruitment to post of Assistant Engineer calling for applications from eligible candidates and petitioner was one of applicants - Petitioner appeared for written test and interview and ultimately an appointment order was given to him and accordingly he joined service as Assistant engineer - It is to be noted at this stage itself that food Corporation of India by exercising its power under Section 45 of food Corporation Act 1964 amended Food Corporation of India regulations of - Amended regulations were called Food Corporation of India Staff Regulations, 1978 hereinafter referred to as 1978 Regulations - Said amendment was effected vide Notification - Amended Regulations stated that "they shall be deemed to have come into force - By this amendment Appendix-1 of Food Corporation of India Regulations 1971 was amended rega rding number of posts under Corporation - Said Appendix-I indicated quota between promotees and direct recruits - Serial No. 4 of Appendix-I in amended regulations states "part-IV-Technical Cadre by direct recruitment and by promotion"- It is stated on both sides that prior to amended regulation ratio between direct recruitment and promotion was - From Regulations it is clear that ratio of between direct recruits and promotees was modified into for promotees and for direct recruits - Whether petitioner is governed by Regulations only because his actual appointment order was given after Regulations had come into force with effect from or whether he is governed by regulations because his appointment was as against posts which existed as on date of advertisement notification issued on which date Regulations had not come into force - Whether writ petition is liable to be dismissed on ground that petitioner has not made affected parties as respondents to writ petition - Held, Court first take up point for my consideration - It is not disputed beforeme that under Regulations ratio between direct recruits and promots was - In other words was for promotees and for directrecruitees - It is also not in dispute that amended Regulations though published but were given retrospective operation with effect from - It is also not disputed that petitioner was appointed and he joined service as Assistant Engineer as per advertisement notification - From these facts it follows that actual appointment of petitioner was on basis of advertisement notification dated - As on date of advertisement notification old Regulations field under which quota was for direct recruitment - But as on date when petitioner actually joined his duties regulations had come into force and according to Regulations only was made available for direct recruitment - Therefore controversy arose between parties as to which regulations applied to petitioner - Vacancies which occurred prior to amended rules were governed by rules that existed as on date vacancies arose and not by amended rules which came into force later - Similar is situation in this case - Post was advertised on and as on that date Regulations were in force andaccording to which of posts were meant for direct recruits - Even though formal order was given later but Court view of law declared by Supreme Court above it is only Regulations that apply to case of petitioner - Advertisement was issued as against vacancies which arose in year as against quota - This fact itself reinforces contention of petitioner that it is only Regulations that would apply - At any rate advertisement was given regarding all posts which arose prior to Regulations and it is not case of respondents that recruitment was made regarding post which arose after Regulations Writ Petition Allowed