WP/23418/2005 of Food Corporation of India Scheduled Castes AND Vs Food Corporation of India, Barakhamba Lane, on 30 December 2005

O R D E R:

The first petitioner is a welfare association of Scheduled Castes and TribesHandling Workers Association of Food Corporation of India at Ongole. Thesecond petitioner is its President.

This writ petition is filed with a prayer to declare the letter, dated 19-08-2005, issued by the District Manager, Guntur, fourth respondent, asillegal and arbitrary and consequently, to direct the respondents to implementthe rule of reservation, in filling up the posts of Gang Sardar and Mandal, forvarious Gangs working at Ongole. The petitioners placed reliance upon theCircular, dated 27-08-1999, and contend that the action of the fourth respondentin ignoring the reservations, in the matter of appointment of Sardars andMandals of the Gangs is illegal and arbitrary.

Heard the learned counsel for the petitioners and learned Standing Counsel forthe respondents.

Basically, the Handling Workers were the persons engaged by variouscontractors. In pursuance of the policy formulated by the Food Corporation ofIndia, such workers were brought under the scheme of Direct Payment. Out ofthe Handling Workers at a particular depot, Gangs are to be formed, comprising14 workers. Each Gang is to be headed by one “Sardar”, assisted by one“Mandal”.

The Circular, dated 27-08-1999, mandates that the senior most workers, amongthose working at a particular depot, shall be nominated as Sardars and equalnumber of persons next in the seniority would be nominated as Mandals.

The question of effecting reservation at the level of promotion would arise, if only the appointment to the feeder category of posts were made after followingthe rules of reservation. In the instant case, basically, there is no promotion assuch. Even assuming that the nomination of Sardars and Mandals amounts topromotion, the occasion to follow the rules of reservation does not arise, sincethe Handling Workers were not enlisted on the basis of reservation. In that viewof the matter, the contention advanced on behalf of the petitioners does not findany merit.

The writ petition is accordingly dismissed. There shall be no order as to costs.

30[th] DECEMBER, 2005.

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(L.NARASIMHA REDDY, J)

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