THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.12914 OF 2002

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ, order of Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing proceedings No.E1/30(11)/99 dated 16.1.2002 in rejecting our representations for payment of arrears for the post of Assistant Managers w.e.f. 25.6.1979 and for the post of Dy.Manager for the petitioners No.1 and 3 from 18.1.1995 and the petitioner No.2 from 24.6.1994 as illegal, arbitrary and unconstitutional and discriminative and consequently direct the respondents to pay the arrears of salary to the petitioners from the date of promotion as Assistant Manager w.e.f. 25.6.1976 as was done in the case of petitioners’ juniors by office order No.231/96/Est.I dt 28.6.1996 and also arrears for the post of Dy. Manager (Genl) with effect from the dates of petitioners promotions to that post and pass…”

2. Heard Smt.B.V.Aparna Lakshmi, learned counsel appearing for the petitioners and Sri Dantu Srinivas, learned Standing Counsel for Food Corporation of India, appearing for the respondents.

3. During the pendency of this Writ Petition, petitioner No.1 passed away. Therefore, his sons, viz., petitioner Nos.4 and 5, were brought on record as his legal heirs to contest the matter vide order dated 24.01.2025 passed by this Court in I.A.No.1 of 2025.

4. Learned counsel for the petitioners submits that petitioners No.1 to 3 were appointed as Stenographers in the respondent Corporation in the year 1965. Subsequently, they were promoted as Assistant Grade-I (Ministerial) in the year 1974. While so, respondent No.2 issued Office Order No.5/31/83-SC, dated 05.09.1984, revising and re-fixing the seniority of petitioner Nos.1 to 3 in the cadre of Assistant Grade-I duly placing them at Sl.Nos.324(a), 270(p) and 324(b) respectively, as on 30.09.1975. While so, as per the judgments of Delhi High Court (in C.M.P. No.1080 of 1978 dated 18.03.1983) and Madras High Court (in W.P.M.P.No.11776 of 1984 in W.P.No.11008 of 1983 dated 10.08.1984), the seniority of one K.Satyanarayana and N.Lakshmi was re-fixed at Sl.Nos.365(a) and 374(a) respectively. Further, in pursuance of the order, dated 09.11.1988, passed by Madras High Court in W.A.Nos.376 and 377 of 1985, petitioner Nos.1 to 3, along with others, were deemed to have been promoted as Assistant Manager (General) w.e.f. 25.06.1976 vide office Order, dated

14/15.06.1989.

(ii) It is further submitted that the N.Lakshmi along with one K.Ganeshan filed W.P.No.4879 of 1990, and K.Satyanarayana along with others filed W.P.No.11986 of 1990 before the Madras High Court seeking a direction to the respondents to promote them, retrospectively, to the higher grades as Assistant Managers w.e.f. 25.06.1976 and to pay the arrears arising out of such promotion in accordance with the Office Order No.5/31/83-SC dated 05.09.1984 and order dated 14/15.06.1989. Vide order dated 22.12.1995, the Madras High Court had directed the respondent Corporation to consider their case for further promotion and to pay the arrears of salary. While implementing the said order, the respondents considered the claims of the juniors of petitioner Nos.1 to 3 and paid all arrears retrospectively.

(iii) Further, the zonal seniority of petitioner Nos.1 to 3 in the cadre of Assistant Manager (General) was also re-fixed by the respondent Corporation, and thereafter, the All-India Integrated Seniority of the candidates, who approached the Madras High Court, was revised and they were promoted as Deputy Managers (General). However, the respondent Corporation did not revise the seniority of petitioner Nos.1 to

3 in the cadre of Assistant Manager in the All India panel. Therefore, petitioner Nos.1 to 3 filed W.P.No.12108 of 1999 seeking a direction to promote them as Deputy Managers treating the year 1976 as their panel year and to pay al