Point of Law: Court cannot interfere with the operation of the existing channel (s) of recruitment to the post of AGM.

JUDGMENT :

V. KAMESWAR RAO, J

CM No. 8914/2020 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 2563/2020, CM Nos. 8916/2021 & 20072/2021

1. The present petition has been filed by the petitioners with the following prayers:-

“It is, therefore, most respectfully prayed, that in conspectus of the facts, circumstances and grounds stated supra, this Hon'ble Court may graciously be pleased to:

a. Issue a writ in the nature of Mandamus or any other appropriate Writ, order or direction declaring First part of column 4, 7& 8 of SI. No. 3 Part II of Appendix I to the FCI (Staff) Regulations 1971 whereby appointment to the Category I post of Assistant General Manager (AGM) has been provided to be made 33.33% by Direct Recruitment and Eligibility in terms of Educational qualification and age is specified as being violative of Articles 14, 16 and 21 of the Constitution since it perpetuates stagnation in the lower Category II post of Manager (General, Movement, Technical, Depot & Accounts) who find themselves denied promotion for between 24-30 years in service and often retire from the same post; and

AND

b. Issue a writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the Respondent Food Corporation of India to merge the direct recruitment quota (33.33%) in the initial post of AGM (General, Movement. Technical, Accounts) with their respective promotion Quota (66.67%) to make appointment to the post of AGM 100% through promotion; and

AND

c. Issue a writ in the nature of Mandamus or any other appropriate Writ, order or direction to the Respondent FCI for introduction of the Assured Career Progression Scheme (AGP) within fixed timeframe to the Category II post of Manager (General, Movement, Technical, Depot & Accounts) on similar lines as Unionized employees (Group C) of Respondent FCI, FCI Medical Officers and FCI Engineering Cadre Officers for whom the ACPS stood introduced from 2000/2007 itself whereby they receive benefit of 2 promotions upon completion of 12 & 24 years continuous service with FCI pursuant to either agreement with the Unions or orders passed by the A.P High Court, Calcutta High Court and the Hon'ble Supreme Court in Food Corporation of India & Ors. v. Parashotam Das Bansal & Ors (2008) 5 SCC100,

AND

d. Issue rule Nisi in terms of prayer and confirm the same after hearing the parties;

e. Pass such other order(s) or directions(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in favour of the Petitioner.”

2. The petitioners, in this petition are serving as Managers (General, Movement, Technical, Depot & Accounts) (category-II post) with the respondent-Food Corporation of India (respondent FCI). The next promotional grade for the petitioners is that of Assistant General Manager (AGM), which is a category-I post. As per the Food Corporation of India (Staff) Regulations, 1971 (‘FCI Regulations’, for short), the quota for appointment for the post of AGM is 66.66% through promotion and 33.33% through direct recruitment. Pursuant to the representation of the petitioners among others, in 2019, the respondent FCI constituted a High-Powered Committee to consider; a) merging Direct Recruitment Quota in AGM in General, Movement, Technical cadre or; b) converting vacancies in direct recruitment quota into promotion quota or; c) same to be filled through departmental examination. The High-Powered Committee by its Report dated September 09, 2019 inter-alia recommended that the break-up of the quota among direct recruitment and promotion at AGM (General/Tech/Movement/Accounts) may be revised to 25% and 75% from the present 33 1/3rd and 66 2/3rd.

3. It is the petitioners’ case that despite the recommendations of the High-Powered Committee, no steps were taken by the respondent FCI till June 2021, i.e., when on Ju