ORDER

CHANDRA DHARI SINGH, J (Oral)

CM APPL. 60675/2023 (Exemption)

Exemption allowed subject to just exceptions.

The application stands disposed of.

W.P.(C) 15176/2023

1. The instant writ petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:-

"i. issue a writ in the nature of mandamus whereby direct the respondent and pass an order to quash and set aside the "operating para related to rejection of request of interzonal transfer" of the petitioner ; the impugned Letter dated 04.09.23 ; issued by Asst. General Manager [Personnel], FCI and ;

ii. issue issue a writ in the nature of mandamus whereby direct the respondent and pass an order whereby direct the respondent authorities to transfer the petitioner permanently; from Western Zone [ Mumbai ] to North Zone [ Chandigarh ] ; iii. issue a writ in the nature of mandamus whereby direct the respondent to keep one vacancy reserve for the petitioner; till the disposal of the present petition.

iv. Pass any such other order[s] in the interest of justice."

2. The brief facts necessary for the adjudication of the instant petition have been reproduced herein:

a) The petitioner is an ex-serviceman, having served for 20 years with the Indian Air Force.

b) On 3rd September, 2022 the Food Corporation of India (hereinafter “FCI”) invited applications for various posts vide advertisement No. 01/2022-FCI Category III, which included a separate category for ex-servicemen.

c) The petitioner applied for the post of Assistant Grade-III (technical) in the category of ESM-1 (Ex-servicemen) and provided his posting preference at Western Zone (Madhya Pradesh).

d) Thereafter, the petitioner appeared for the examination of the said post and the result for the same was declared on 5th March, 2023 whereby, the petitioner had duly qualified for the post of Assistant Grade-III (technical) in the category of ESM-1 (Ex-

servicemen).

e) Subsequently, an appointment letter bearing ref. No. RO MH-

35.0019/3/2022-pers-RO MH DT.22.07.23 was issued to the petitioner, whereby, he was posted at the Western Zone (Maharashtra).

f) On 23rd July, 2023, the petitioner conveyed his consent to join the post of Assistant Grade-III (technical) in the category of ESM-1 (Ex-servicemen)

g) Thereafter, vide letter dated 23rdJuly, 2023the petitioner made a representation to the AGM (Recruitment), FCI, Maharashtra,(hereinafter “respondent no.3”), thereby, requesting to be posted as per his preference i.e., Madhya Pradesh.

h) Pursuant to the aforesaid letter, the petitioner made another representation, thereby, seeking an extension of the joining time and change of zone against the post of Assistant Grade-III (technical) in the category of ESM-1 (Ex-servicemen), due to the demise of his wife.

i) Subsequently, the petitioner made representations dated 10th August, 2023 and 26th August, 2023, thereby, requesting change of zone from Western Zone to North Zone.

j) Thereafter, vide email dated 4th September, 2023 the FCI accepted the request of the petitioner, thereby, extending the time to join the FCI to 24th January, 2024, however, the change of zones from western to north was not granted.

k) Aggrieved by not being transfer of zones, the petitioner has preferred the instant petition.

3. Learned counsel appearing on behalf of the petitioner submitted that the non-grant of internal-zonal transfer by the FCI is in violation of principles of natural justice and is contrary to the provisions of law as well as the statutory provisions governing the FCI.

4. It is submitted that the FCI has not taken into consideration, the rare situation of the petitioner and inhumanely denied the request of internal-

zonal transfer.

5. It is submitted that the candidates appearing for the examination of the post of Assistant Grade-III (technical) in the category of ESM-1 (Ex- servicemen), have a choice of posting given by them, on merit however, the petitioner was not granted the posting of his choice des