In W.P. No. 15354 of 1994, the petitioner has sought for a declaration, declaring the proceedings of the Executive Director (Personnel), Food Corporation of India, New Delhi, second respondent herein made in No. 2(5)/94/E-1/1. 1994, as illegal and arbitrary.

2. In W.P. No. 15355 of 1994, the petitioner has sought for a mandamus, directing the respondents 1 and 2 to appoint him to one of the posts of Deputy Manager (General Administration) notified in the advertisement made by the second respondent, dated 8. 1992.

3. As both the writ petitions relate to selection to the post of Deputy Manager (Administration) in Food Corporation of India, pleadings and issues raised being common, they are taken up together and disposed of by a common order.

4. Facts leading to the writ petitions are as follows: The petitioner belongs to Scheduled Caste community. In 1974, he was graduated in Madras University. In 1976, he was selected and appointed as Assistant, Grade-III (General) in Food Corporation of India (In short "FCI"), Southern Zone at Madras. The petitioner worked as Assistant Grade-III in the Regional Office of FCI from 1976 to December 1993 and thereafter, promoted as Assistant Grade-II (General). While he was working as Assistant Grade-III, he pursued his higher studies and acquired a Post Graduate degree in Sociology (MA Sociology) and a Degree in Law (B.L. Degree). Taking Into consideration his service and higher qualifications, he was sponsored by FCI to study Master of Business Administration in Personnel Management and Industrial Relations. He was granted two years leave for the said purpose and he completed the course in the year 1989 with First Class.

5. Apart from his academic pursuit, the petitioner had taken keen interest in the welfare of the weaker Sections of the society. He was elected as Zonal Secretary of the FCI Scheduled Castes and Scheduled Tribes Employees Welfare Association for the Southern State in the year 1983 and in the year 1989, he became the Secretary General of the said Association. Both in the capacity of Zonal Secretary as well as Secretary General, the petitioner had been fighting for the cause and welfare of the employees of FCI. As a member and Office Bearer of the FCI (SC & ST) Employees Association, he had participated in several agitations claiming justice for the SC & ST employees.

6. The petitioner has further submitted that he had fought for 20 stenographers of the SC & STs to be appointed in the backlog vacancies in 1981, which infuriated some of the officers of FCI. In 1983, when number of SC & ST employees belonging to Class IV were over-looked for promotion to the post of Assistant Grade HI, the petitioner led an agitation and got promotion for 240 SC & ST members. Similar agitations were made in the year 1984, 1987 and 1990, for the interests of the employees of FCI. On more than one occasions, the petitioner was sought to be suspended/punished for his association activities and subsequently, suspension orders were revoked. For example, in 1979, the petitioner was imposed with a punishment of stoppage of increment, for his effort to vindicate the cause of watchmen, who were sought to be transferred contrary to the rules. Similarly in 1987, the petitioner was suspended for a period of six months, when he sought to voice the grievance of SC & ST employees, which action came to be revoked later. The petitioner was arrested along with 1500 employees in ESMA. The petitioner has further submitted that he had played a leading role in implementation of the Special Drive to fill up the backlog vacancies for SC & STs. On account of sincere and untiring efforts taken by the petitioner and his colleagues, FCI yielded to the demand of the Association to implement the Special Drive. But for his sincere efforts, the recruitment under Special Drive would not have come through.

.7. The petitioner has further submitted that by notification, dated 8. 1992, the Executive Director (Personnel