Delhi High Court
Shri Zile Singh vs Food Corporation Of India And Ors. on 16 March, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 7548/2007
% 16th March, 2017
SHRI ZILE SINGH ..... Petitioner
Through: Mr. Arun Bhardwaj and Mr. Nikhil
Bhardwaj and Mr. Sriram A,
Advocates.
versus
FOOD CORPORATION OF INDIA AND ORS. ..... Respondents
Through: Mr. P.L. Chopra, Advocate for FCI.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition under Article 226 of the Constitution of
India, the petitioner seeks the relief of payment of pay-scale at IDA pattern
for the post of Assistant Manger (Quality Control). Petitioner pleads and
contends that petitioner was granted promotion to the post of Assistant
Manager (Quality Control) vide order dated 29.10.1988 with the pay-scale
of Rs.650-30-740-35-880-1200/- and this pay-scale was as per IDA pattern.
There was however an issue which arose with respect to the claim of the
petitioner for pay-scale not as per IDA pattern but as per CDA pattern,
however, the petitioner pleads that merely because there existed disputes as
to whether the petitioner could or could not be granted pay-scale as per
CDA pattern, it would not mean that at the admitted IDA pattern pay-scale
should not have been paid to the petitioner in terms of the promotion order
dated 29.10.1988. Petitioner pursuant to the promotion order dated
29.10.1988 joined the promotion post in terms of the order dated 6.2.1989
of the respondent no. 1/employer. The promotion order dated 29.10.1988
and the order dated 6.2.1989 pursuant to which petitioner joined the
transferred station at Firozpur, Punjab, read as under:-
1. Promotion order dated 29.10.1988.
"THE FOOD CORPORATION OF INDIA
ZONAL OFFICE(N), DDA COMPLEX
RAJINDERA PLACE, NEW DELHI
No. Estt.I/2(3)/07-NZ/ Dated: 29-10-1988
OFFICE ORDER NO. 33/89
The Technical Assistant Grade-I whose particulars are given in the Statement No.I
are hereby promoted as Assistant Manager (QC) with immediate effect in the pay
scale of Rs.650-30-740-35-880-1200/- and posted to the Regions indicated against
their names. Further orders of posting, in the region will be issued by the
concerned Regional Heads.
Their promotion will take effect from the date they join in the promoted post and
will be without prejudice to the claims of those senior to them as Technical
Assistant Grade-I.
All the promotes will be on probation for a period of one year from the date of
their joining as Assistant Manager (QC), which may be extended for further
period not exceeding one year.
Before serving the orders of promotion, the controlling authorities are requested to
ensure that no vigilance case is pending/contemplated against the officials.
The officials should be relieved immediately with the instructions to report to the
concerned controlling authority for further deployment as Assistant Manager
(QC). The dates of serving of promotion orders, relieving and joining should be
intimated to Estt. I Sec. of ZO(H), immediately on their relieving/joining.
The officials are directed to join on promotion within 30 days from the date of
serving of promotion orders to them. The promotion order of an official will
stand cancelled if he does not join by the stipulated date. Further it will be
deemed that he is not interested to go on promotion and he will be debarred from
promotion for a period of one year as per Circular No. 4-9/08_EP/Pt.III dated
1/7.6.82.
The normal TA/DA and joining time will be admissible as per rules.
The cases of officials whose particulars are given in the Statement II have been
deferred for consideration and orders about them will follow. The officials may
be informed suitably.
The cases of officials whose particulars are given in the Statement III have been
found not suitable for promotion.
The Assistant Manager (QC) shown in Statement -IV are transferred to the
Regions/offices mentioned against each, at their own request. They may be
relieved with the directions to report for duty to SRM concerned for further
deployment. The transfer benefits to them will be regulated in terms of Hqrs.
Circular No. 44 of 1983.
Sd/-
(MCS GUPTA)
DY. MANAGER (ADMI.I)
FOR ZONAL MANAGER (N)"
2. Order dated 6.2.1989
"THE FOOD CORPORATION OF INDIA
FOOD STORAGE DEPOT
NARWANA, DELHI-40
No. CC/25/00/St/N'86 Dated: 6.2.1989
OFFICE ORDER
In compliance with the Distt. Office FCI, Shaktinagar, Delhi office order No. A.S.
(i)/Admin./St/N/DO/87-88/5051 dated 16-11-1989, Sh. Zile Singh, TA-I, having
been promoted as AM(QC) vide D/o (N) New Delhi order No. 33/88 dated 29/31-
10-88, bearing file No. Estt.1(2)/3/87-NZ/197: received vide D/o New Delhi letter
No. 237/88 dated 7-11-88 bearing file No. Estt. 2(2)/88/1227, is hereby relieved
from this depot w.e.f. the A/N of 7-2-89, for further report to R/o Punjab,
Chandigarh.
Normal TA/DA and joining will be admissible as per rules.
Sd/-
(P. JAIN)
Asstt. Manager (QC)
FSD Narwana Depot."
2. The period in question is the period from February, 1989 till
30.6.2005.
3. There is no dispute that even assuming the petitioner was not
liable to be paid his pay-scale as per the CDA pattern, then petitioner
admittedly had to be paid as per the admitted IDA pattern and as stated in
the promotion order dated 29.10.1988. Petitioner, however, was not paid
the pay-scale of the promotion post of Assistant Manager (Quality Control)
as stated in the promotion order dated 29.10.1988 till 30.6.2005, and
whereafter the pay-scale of IDA pattern of the post of Assistant Manager
(Quality Control) was paid to the petitioner. The details with respect to the
amounts already paid to the petitioner and the amounts due to the petitioner
in IDA pattern for the post of Assistant Manager (Quality Control) is stated
in the order of the respondent no. 1/employer dated 22.12.2005 and which
order reads as under:-
"FOOD CORPORATION OF INDIA
REGIONAL OFFICE : HARYANA
PANCHKULA
No. A/1(5545)/95/II/7886 Dated 22.12.2005
OFFICE ORDER
Basic pay in respect of Sh. Zile Singh, Ex-Manager (QC) D.O.B. 27.6.45 of Distt.
Office Rohtak is fixed as under in I.D.A. Pattern:-
W.E.F Pay Already Pay
______ Drawn Fixed
1.8.83 635/- 1445/-
1.1.84 1445/- 1480/-
1.1.85 1480/- 1515/-
1.1.86 2000/-CDA 1560/-
1.1.87 2050/- 1610/-
1.8.87 2050/- 2470/-
1.12.87 2050/- 2660/- Selection Grade.
1.1.88 2100/- 2770/-
1.1.89 2150/- 2880/-
Promoted as AM(QC)
13.3.89 2240/- 3580/-
1.1.90 2300/- 3700/-
1.1.91 2375/- 3820/-
1.1.92 2450/- 5575/-
1.1.93 2525/- 5750/-
1.1.94 2600/- 5925/- Stoppage of two increment
1.1.95 2600/- 5925/- without cumulative effect.
1.1.96 7900/- 5925/-
31.12.96 7900/- 9850/-
1.1.97 8100/- 10600/- Released two increments
stopped w.e.f. 1.1.95 and
wage revision w.e.f 1.1.97.
1.1.98 8300/- 10850/-
1.1.99 8300/- 10850/- Stoppage of three
increments w.e.f. 1.1.99
without cumulative effect.
1.1.2000 8300/- 10850/-
1.1.2001 8300/- 10820/-
1.1.2002 8300/- 11600/- Released three increments
stopped w.e.f. 1.1.99 &
stoppage of one increment
with cumulative effect w.e.f.
1.1.2002.
1.1.2003 8700/- 11600/- Stoppage of two increment
without cumulative effect
from
1.1.2004 8700/- 11600/- *1.1.99 effect taken w.e.f.
1.1.2005 to 8700/- 12100/-** 1.1.03.
30.6.2005 **Released two increments
stopped w.e.f. 1.1.99
effected from 1.1.03
This issues with the concurrence of Regional Finance/Audit & approval of the
competent authority.
Sd/-
Manager (Estt.)
For Dy. General Manager"
4. In view of the above discussion, it is seen that petitioner was
admittedly promoted to the post of Assistant Manager (Quality Control) in
terms of the order dated 29.10.1988. Once, the petitioner is promoted to the
post of Assistant Manager (Quality Control) and he joined Firozpur, Punjab,
pursuant to the office order dated 6.2.1989 then even if there was a dispute
of the petitioner not being entitled to the higher CDA pattern even then the
petitioner had to be paid the pay-scale of Assistant Manager (Quality
Control) as per the admitted IDA pattern with the pay-scale being pay scale
at Rs. 650-30-740-35-880-1200/- as stated in the promotion order dated
29.10.1988.
5. Since, therefore, petitioner was not paid the higher pay-scale of
the post of Assistant Manager (Quality Control) from February, 1989 till
30.6.2005, and no valid reasons are given by the respondent no. 1/employer
not to make payment as per the IDA pattern, inasmuch as, the disputes
existing with respect to higher CDA pattern whether or not to be granted to
the petitioner is no ground to refuse payment and give pay-scale to the
petitioner of the admitted IDA pattern/pay-scale.
6. Since petitioner has also suffered on account of not receiving
the requisite payment at the higher pay-scale of the promotion post of
Assistant Manager (Quality Control), with the further effect that petitioner
will now receive the IDA pay-scale with considerable delay, therefore, the
petitioner will be entitled to payment of interest on the unpaid amount
which the petitioner has not been paid for the period from February, 1989 to
30.6.2005. Putting it in different words, petitioner will be entitled to the
pay-scale of Assistant Manager (Quality Control) in terms of the promotion
order and pay-scale stated in the order of respondent no. 1/employer dated
29.10.1988 with further revisions as applicable, subject to entitlement of the
respondent no. 1/employer to make adjustments for the payments which
have already been made by respondent no. 1/employer to the petitioner for
this period of February, 1989 to 30.6.2005.
7. In view of the above, this writ petition is allowed and petitioner
is held entitled to payment of pay-scale of Assistant Manager (Quality
Control) at IDA pay-scale in terms of the promotion order dated 29.10.1988
(with applicable revisions in the said pay-scale) for the period in question
being from February, 1989 till 30.6.2005, and on the amounts which are
payable to the petitioner, the petitioner will be entitled to interest at the rate
of 7% per annum simple from the date on which payment became due till
the date when respondent no. 1/employer now makes payment to the
petitioner in terms of the present judgment. The said payment be made to
the petitioner within a period of two months from today.
8. The writ petition is accordingly allowed and disposed of in the
aforesaid terms.
MARCH 16, 2017 VALMIKI J. MEHTA, J
AK
