HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.225 of 2022

ORDER:

Heard Sri Kuldeep Jadhav, learned counsel appearing on behalf of petitioners and Sri B.G. Ravinder Reddy, learned counsel appearing on behalf of respondents.

2. The petitioners approached this Court seeking the prayer as under:

“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Certiorari by calling for the records pertaining to the impugned order dated 24.09.2021 vide L.R.No.DPS.32(1)/2019-MISC on the file of the 4^th respondent and quash the same as illegal, arbitrary, principles of natural justice and in violative of Articles of 14 and 21 of the Constitution of India and consequently direct the respondents to continue the petitioners under Direct Payment System (DPS) by restoring their seniority and extend all other consequential benefits and pass...”.

3. The case of the petitioners, in brief, is that the Food Corporation of India initially engaged the petitioners on contract basis for loading and unloading work through Societies from 1989. When the petitioners and other workers agitated for absorption on a permanent basis, the Food Corporation of India introduced Direct Payment System through a Circular dated 05.11.1997 issued by the Government of India. The petitioners have been registered with employee’s Provident Fund Scheme by the FCI and assigned with Account Numbers. The Regional Depot Manager has prepared a seniority list, wherein the juniors who had joined in the year 1998 to 2000 have been shown as seniors to the petitioners and placed above the petitioners illegally. The petitioners made representations dated 28.01.2017, 27.02.2017 27.11.2017, 18.12.2017, 15.04.2019, 11.02.2020, and 4.07.2020 to the respondents ventilating their grievance but the same had not been considered. The petitioner’s on an earlier occasion filed W.P. No. 537 of 2020 and this Court passed orders dated 13.06.2021 directing the respondents to consider the representation dated 04.07.2020. Thereafter the respondents passed the impugned order rejecting the request of the petitioner’s to extend the benefit of Direct Payment System. Aggrieved by the impugned order dated 24.09.2021 issued by the 4^th respondent, the petitioner’s filed the present writ petition.

4. PERUSED THE RECORD (A) The relevant portion of the order impugned dated 24.09.2021 issued to the petitioners in compliance w ith the directions of this Court dated 30.06.2021 passed in W.P. No. 537 of 2021 is extracted hereunder “On verification of the seniority list, the petitioners who have filed the W.P. in the Honorouable High Court of Telangana, the names of the petitioners were reflected in the seniority list of the Handling Labour which is as under.

Sl. No.	Nam e of t he pet it ioner	Nam e reflect ed at Sl.No. as per final seniorit y list prepared by t he FCI com m it t ee of officers
01	Dhanavat h Pakera, S/ o. Janaiah	Not reflect ed
02	Malot h Pandu, S/ o. Sukkiah	Not reflect ed
03	Dheravat h Sankar, S/ o. Balsingh	313
04	Gugulot h Vij ay S/ o. Basha	322
05	Danavat h Moula S/ o. D. Basha	Not reflect ed
06	Malot h Pandu, S/ o. M. Lacha	213
07	D. Nehru, S/ o. Anad	275
08	T. Vasu, S/ o. T. Janaki Ram ulu	278
09	Danavat h Devugi, S/ o. D. Nandiah	210
10	Koncham Anj aiah S/ o. K. Gopaiah	271

On observing the above table it is clear that the name of the petitioner viz., at Sl.No.1, 2 and 5 were not reflected in the seniority list and the remaining petitioners were reflected beyond Sl.No.205 in the seniority list. As the induction was covered till the seniority number from Sl.No.01 to 205 and the petitioners name did not reflect in the seniority list from Sl.No.01 to 205. They were not inducted as DPS Handling Labourers at that time by the committee officers and hence their claim is not tenable and the representation submitted by the petitioners is liable to be rejected.

At this juncture, as the entire DPS induction process was completed during the

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