PETITIONER:
FOOD CORPORATION OF INDIA
Vs.
RESPONDENT:
F.C.I. DEPUTATIONIST ASSOC. & ORS.
DATE OF JUDGMENT: 29/08/1996
BENCH:
K. RAMASWAMY, B.L.HANSARIA, S.B.MAJMUDAR
ACT
HEADNOTE
JUDGMENT
ORDER
The petitioners are challenging the order of the Division Bench of the Calcutta High Court dated June 12, 1996 made in F.M.A. No. 376/92. The admitted position is that while the respondents were working as Sub-Inspectors in the Food Department of the Government of West Bengal, they were taken on deputation to the petitioner-Corporation. They were made to discharge the duties of the post of Assistants Grade-II. Admittedly, they had worked for more than 18 years in those posts. While absorbing them, question which arose was in which scale of pay they were to be fitted. In terms of paragraph 7 of the Corporation’s circular bearing No. 9- 1/87-EP (Pt.I), dated 23.9.1988, the respondents were sought to be absorbed in Assistant Grade III. The respondents challenged the fitment in the writ petitions. The learned single Judge, after consideration of the entire material recorded as under
"From the pleadings adduced by the
parties, it appears before this
Court that because of continuous
satisfactory service for 18 years
on "deputation", the petitioners
having discharged the function of
Assistant Grade II, at the time of
absorption the petitioners are not
entitled to be treated in a
discriminatory fashion by absorbing
them in Assistant Grade III, as it
has been done in the facts of the
present case, and, as such, in any
view, the writ petition is entitled
to succeed and the impugned
decision dated September 22, 1988,
in so far as item No.7 is concerned
deciding to absorb the writ
petitioners in Assistant Grade III
with effect from July 1, 1984, is
set aside."
The Division Bench had also concurred with the conclusion reached at by the learned single Judge thus:
"From the pleadings of the parties
it also appeared that because of
continuous satisfactory service for
about 18 years on deputation, the
deputationists have been
discharging the functions of
Assistant Grade - II at the time of
absorption and accordingly they
were entitled to pay scale of
Assistant Grade -II at the pay
scale of Rs.380 - 640/-. We do not
find any reason to interfere with
the order and judgment passed by
the learned trial judge and
accordingly we affirm the decision
of the learned trial judge that the
appellant should confer the pay of
the post of Assistant Grade - II
carrying the pay - scale of Rs.380
- 640/to the said deputationist as
they were discharging the functions
of Assistant Grade - II at the time
of such absorption."
It would thus be clear that the respondents had discharged the duty of the posts as Assistants Grade II for over 18 years and odd. Admittedly, the scale of pay of Assistants Grade II is Rs.300-685/-. Consequentially they are entitled to be absorbed in the scale of pay attached to the post of Assistants Grade II.
It is contended by Shri H.K. Puri, learned counsel for the petitioners, that since in the Corporation there was no equivalent post of Sub-Inspectors, which posts the respondents had held in the State Government service, the post in the Corporation carrying the equivalent scale of pay is of Assistant Grade III; necessarily they are to be fitted into the scale of pay payable to Assistants Grade III and that, therefore, the High Court was not right in its conclusion that para 7 of the above circular was arbitrary and in ordering pay scale meant of Assistant Grade II. We find no force in the contention. Having had the respondents on deputation and having had them absorbed in their service and the respondents having discharged the duties of the post of Assistant Grade II for well over 18 years and odd, it would be highly unjust and arbitrary to deny them of the scale of pay attached to the post of Assistant Grade II. Therefore, the learned single judge and the Division Bench were right in giving the direction. We do not find any error of law for interference.
The S.L.P. is accordingly dismissed.