Case details

Court: Telangana High Court
Decided: 29 December 2004
Case number: 24434 of 2004
Type: Judgment (DISPOSED)

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CNR: HBHC010256622004, case WP/24434/2004 (search it on the eCourts High Court services website (CNR Number tab))

Telangana High Court

WP/24434/2004 of P.Janardhan, Vs The Zonal Manager, Food Corporation of India, on 29 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24434 of 2004 Between: 1. P.Janardhan, S/o.P.Appayya, Technical Assistant Gr-I, District

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

Between:

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24434 of 2004

1. P.Janardhan, S/o.P.Appayya, Technical Assistant Gr-I, DistrictOfficeOffice Food Corporation of India, Warangal

2. B.Vishwanadham, S/o.B.Radhakrishnaiah, Technical AssistantGrade-I, District Office, Food Corporation of India, WarangalGrade-I, District Office, Food Corporation of India, Warangal

3. M.Upender Rao, S/o.M.Rama Rao, Technical Assistant Grade-I,Food Corporation of India, District Officer, F.C.I, KarimnagarFood Corporation of India, District Officer, F.C.I, Karimnagar

4. Mohd.Samsamul Haq, S/o.Md.Sharful Haq, Technical Assistant,Grade-I, District Office, Food Corporation of India, KarimnagarGrade-I, District Office, Food Corporation of India, Karimnagar

5. B.Murali S/o.Lakshminarasaiah, Technical Assistant, Grade-I,District Office, Food Corporation of India, KarimnagarDistrict Office, Food Corporation of India, Karimnagar

6. Paka Satyanarayana, S/o.Balaiah, Technical Assistant Grade-I,District Office, Food Corporation of India, KarimnagarDistrict Office, Food Corporation of India, Karimnagar

7. K.Devarajam, S/o.Sivarajam, Technical Assistant Grade-I, DistrictOffice, Food Corporation of India, KarimnagarOffice, Food Corporation of India, Karimnagar

8. Pavirala Satyanarayana, S/o.Achaiah, Technical Assistant, Grade-I, District Office, Food Corporation of India, West GodavariDistrictI, District Office, Food Corporation of India, West GodavariDistrict

9. P.Kesavaraju, S/o.Chitti Raju, Technical Assistant Grade-I, DistrictOffice, Food Corporation of India, West Godavari DistrictOffice, Food Corporation of India, West Godavari District

10. B.Wilson, S/o.Yesaiah, Technical Assistant Grade-I, District Office, Food Corporation of India, Krishna District

11. C.Ramachandra Rao, S/o.Venkata Ratnam, Technical Assistant,Grade-I, District Office, Food Corporation of India, KrishnaDistrictGrade-I, District Office, Food Corporation of India, KrishnaDistrict

12. N.Yesuprasad, Technical Assistant Grade-I, District Office, FoodCorporation of India, Krishna DistrictCorporation of India, Krishna District

13. A.Jaffar Hussain, S/o.A.Basha, Technical Assistant, Grade-I,District Office, Food Corporation of India, Tarnaka, HyderabadDistrict Office, Food Corporation of India, Tarnaka, Hyderabad

14. K.Sanyasi Rao, S/o.Kothulu, Technical Assistant, Grade-I, DistrictOffice, Food Corporation of India,. Kakinada, E.G.DistrictOffice, Food Corporation of India,. Kakinada, E.G.District

15. K.Sudhakar Rao, S/o.Krishna Murthy, Technical Assistant, Grade-I, District Office, Food Corporation of India, Kakinada, EastGodavari DistrictI, District Office, Food Corporation of India, Kakinada, EastGodavari District

16. Md.Fasiuddin, S/o.Md.Tajuddin, Technical Assistant, Grade-I,District Office, Food Corporation of India, NizamabadDistrict Office, Food Corporation of India, Nizamabad

17.

..... PETITIONERS

AND

1. The Zonal Manager, Food Corporation of India, Sastri BhavanOpp:Haddows Road, ChennaiOpp:Haddows Road, Chennai

2. Senior Regional Manager, Regional Office, Food Corporation of India, 3[rd]floor, HACA Bhavan, Opp: Public Gardens, Hyderabadfloor, HACA Bhavan, Opp: Public Gardens, Hyderabad

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ of Mandamus directing the respondents to consider the case of thepetitioners for regularization of their services as Assistant Managers (Technical)w.e.f the date of their initial appointment i.e. 10-12-2001 and 20-10-2002, by holdingand declaring that the petitioners are entitled for promotion as Assistant Manager(Technical) w.e.f the date of their initial appointment with all the consequentialbenefits such as seniority etc., Counsel for the Petitioner:MR.P.V.SUBRAHMANYA SARMA

Counsel for the Respondent Nos.1&2: SMT.CH.LAXMI KUMARI, STANDINGCOUNSEL FOR FCI.

The Court at the stage of admission, made the following :

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ORDER:

This writ petition is filed by the petitioner to issue a writ of mandamusdirecting the respondents to consider their case for regularization oftheir services as Assistant Managers (Technical) with effect from thedate of their initial appointment by holding and declaring that thepetitioners are entitled for promotion as Assistant Managers(Technical) with all the consequential benefits.

The learned counsel for the petitioners contended that the case ofthe petitioners has not been considered for promotion as AssistantManagers (Technical) and that the respondents reverted them forwant of vacancy and therefore this writ petition.

The learned Standing Counsel appearing for the respondents, on theother hand, contended that there is a quota fixed for the promoteesand no vacancies are available at present for giving promotions tothe promotees. The promotion to the post of Assistant Manager(Technical) is only on ad-hoc basis.

It is for the respondents to consider as per the Service Rulesgoverning the service Conditions of the employees whether to givepromotion to the petitioners as Assistant Manager (Technical) or not.

Therefore, appropriate decision has to be taken by the respondents in accordance with the Rules.

The writ petition is accordingly disposed of. No costs.

____________

29.12.2004

NOTE: Office to furnish C.C by three days (B.O)

bsv

1. The Zonal Manager, Food Corporation of India, Sastri BhavanOpp:Haddows Road, ChennaiOpp:Haddows Road, Chennai

2. The Senior Regional Manager, Regional Office, Food Corporation of India,3[rd] floor, HACA Bhavan, Opp: Public Gardens, Hyderabad3[rd] floor, HACA Bhavan, Opp: Public Gardens, Hyderabad

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