* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11.02.2016 Pronounced on: 18.03.2016 + LPA 879/2004 D.P. MULCHANDANI …………Appellant Through: Ms. Rajni Anand, Advocate along with appellant in person.

Versus FCI AND ORS. ………..Respondents Through: Sh. Ajit Pudussery and Ms. Shruti Sarma Hazarika, Advocates, for FCI.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA MR. JUSTICE S. RAVINDRA BHAT %

1. The appellant impugns the judgment of a learned Single Judge dismissing his writ petition, challenging the seniority assigned to the second to fifth respondents, in the cadre of Joint Manager in the first respondent, i.e.

the Food Corporation of India (FCI).

2. The brief facts of the case are that the appellant was appointed as Assistant Engineer (Electrical/Mechanical) in the Department of Food, Ministry of Food and Agriculture in 1967 through the Union Public Service Commission. On 01.03.1969, he was transferred to FCI as part of Department of Food and re-designated as Senior Assistant Manager (Engineer) w.e.f. 18.08.1969. He was promoted as Executive Engineer/Deputy Manager on 16.06.1971.

3. The appellant was further promoted as Joint Manager (Electrical Engineering) on 1982 with notional basis w.e.f 02.07.1977 as a result of the judgment dated 10.12.1981, in a writ petition filed by him by the Bombay High Court.

4. The fourth respondent (hereafter called “Dhall”) was directly recruited on 15.05.1974 to the post of Deputy Manager (Civil) in FCI. The seniority list of two cadres – (i) Civil and (ii) Mechanical & Electrical are separate for the promotion to Deputy Manager and to Joint Manager. However, they are merged and a common seniority list is prepared for promotion to Manager from Joint Manager. If any irregularity occurs in promotion as Joint Manager in any cadre, it thus affects both cadres, i.e. (i) Civil and (ii) Mechanical &

Electrical.

5. Dhall, joined the Municipal Corporation of Delhi (MCD) as a Municipal Engineer. That post was apparently equivalent in rank and status to that of Deputy Manager in the FCI. In the FCI, up to the level of Managers (which was the common promotional post for that of Joint Managers in the Mechanical & Electrical, on the one hand and the Civil wing on the other), separate cadres existed in the Engineering/Technical Division. The following chart may conveniently show these:

Manager _______________________________________________________________

Joint Manager Joint Manager (Mechanical & Electrical) (Civil)

Deputy Manager (Feeder) Deputy Manager (Feeder)

(Mechanical & Electrical) (Civil)

Assistant Manager Assistant Manager (Mechanical & Electrical) (Civil)

6. Upon the induction – as direct recruit – to the cadre of Deputy Manager (Civil), Dhall was granted pay protection (for the past service rendered in MCD). He was promoted as Joint Manager on 02.07.1977. At that time, promotion had to be made in the Electrical and Mechanical wing as well. Around this time, bifurcation of the Electrical and Mechanical wing occurred and one Sh. A.K. Roy was promoted. This aggrieved the appellant; he approached the Bombay High Court, in a writ petition. That petition was allowed; a review DPC was held on 07.07.1982. The FCI’s review was in respect of three posts of Joint Manager in the joint cadre of Electrical and Mechanical wing. The fresh select panel placed the Appellant at No.3, below D.P. Roy and Munian Devan.

7. The appellant contends that a post of Manager (Engineering) had been kept in abeyance since 1978 was revived in end of June 1984. Likewise, another post of Manager (Products) which too had been kept in abeyance was revived. It was decided by FCI to utilize them for the purpose of managerial engineering of rice mills, and technical supervision of modern mills and processing units. DPC was held for filling up of this post. The appellant complains that before doing so, no seniority list – an integrated one of Joint Managers - of Civil Engineering or Mechanical & Electrical Engineering