Sh. N.K. Sood vs Food Corporation of India and Others

K. Kannan, J.—The petitioner seeks for a direction for promotion to the post of Assistant Manager and for still higher promotion as Deputy Manager in accordance with his seniority position assigned in the respondent-Corporation. The petitioner came by a direction for promotion on 06.09.1984 but the same had not been given effect on account of pendency of criminal proceedings against him. The criminal case against him however came to be quashed by a decision of the High Court on 06.10.1987. During the pendency of the case, the petitioner had been under suspension from 22.12.1984 and after decision of the High Court, the suspension was revoked and he had rejoined the duty in the lower post, which he was occupying as Assistant Grade-I on 15.04.1988. On revocation of the suspension, the period of suspension was regularized and it was treated as spent on duty and he had been paid the full pay and allowances other than the conveyance allowance to which he had been entitled if he had not been suspended. An office order was issued on 27.04.1989 stating that the order issued on 06.09.1984 promoting him as an Assistant Manager stood revalidated and he would be allowed to join the promoted post latest by 25.05.1989. This order was issued subject to vigilance clearance since November 1974. However, the vigilance clearance was not immediately forthcoming in view of the fact that there was yet another case against him on 09.02.1980, which had resulted in imposition of penalty of stoppage of two increments w.e.f. 01.01.1981. The Corporation was doubtful whether it was possible to give effect to the order of promotion that was issued in the year 1989 and revalidated on 27.04.1989 when there was a vigilance case and penalty awarded subsequent to the order of his empanelment. It was contended in the written statement filed by the Corporation that it had already referred the matter to the Ministry of Food, Government of India and a clarification was still awaited but during the pendency of the writ petition, the petitioner had been promoted as Assistant Manager w.e.f. 29.09.1992.

Since the relief claimed in the writ petition that he should be promoted as Assistant Manager had been given effect after the filing of the writ petition, the only question that would fall for consideration is the date from when the said order could be given effect to. If there was a vigilance case against the petitioner in the year 1980 at the time when the panel was drawn for consideration by the DPC in the year 1984, all that could have been done in terms of the law laid down by the Hon''ble Supreme Court in Union of India Vs. K.V. Jankiraman, etc. etc., was to place the decision of DPC in a sealed cover to await the decision. In this case the punishment had been given even before the order came to be passed on 06.09.1984 giving him promotion. Evidently, the punishment imposing stoppage of two increments without cumulative effect from 01.01.1981 would have come to an end on 01.01.1983 and therefore, at the time when the order was passed issuing a promotion, there was no currency of punishment to fetter the Corporation from actually giving effect to the promotion order. If the order of the year 1984 had not been given effect, it was also because of pendency of yet another criminal case but when that resulted in being quashed and when he was also reinstated into service, it should have been taken to a logical end by making the order of promotion effective from the year 1984 itself. The petitioner must be taken as, therefore, promoted on 06.09.1984 itself with the notional benefits and given effect to from the actual date when he assumed charge. If there are arrears payable on such reworking, the same shall be released within a period of 12 weeks from the date of receipt of copy of the order. The petitioner''s entitlement to further promotion as Deputy Manager will be considered and if the petitioner has in the meanwhile superannuated, the arrears of salary attached to the post shall be reworked and the terminal benefits shall be given on such basis. The arrears of any further terminal benefits would also be worked out and given to the petitioner within 12 weeks from the date of receipt of copy of this order. The writ petition is allowed on the above terms.