Sri Pradeep Kumar Rana vs The Food Corporation Of India
2023 Latest Caselaw 15880 Ori

Orissa High Court

Sri Pradeep Kumar Rana vs The Food Corporation Of India on 11 December, 2023

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.9506 of 2011
                 Sri Pradeep Kumar Rana                  ....             Petitioner
                                                         Mr. B.P. Tripathy, Advocate
                                          -versus-
                 The Food Corporation of India,          ....      Opposite Parties
                 New Delhi & others
                                                  Mr. S.K. Nayak, Advocate for FCI

                                        CORAM:

                            JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 11.12.2023
    04.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned counsel for the Food Corporation of India.

3. At the outset Mr. Nayak, learned counsel for the Food Corporation of India submitted that the issue involved in the present writ application was also involved before the Hon'ble Delhi High Court in a batch of LPA No.90-94 of 2014 which was disposed of by Hon'ble Delhi High Court vide a judgment dated 29.09.2016. The Hon'ble Delhi High Court has taken a view that one year training period shall not be counted towards experience while considering the promotion to the next higher post. The judgment of the Hon'ble Delhi High Court referred to hereinabove has been affirmed by the Hon'ble Supreme Court in Babu Lal Yadav & ors. vs. Food Corporation of India & ors. in Special Leave to Appeal (C) No.18692 of 2018 vide order dated 31.07.2018 wherein the Hon'ble Supreme Court had declined to initiate in the judgment rendered by the Hon'ble Delhi High Court and accordingly, the appeal was dismissed. Since a similar issue is involved in the // 2 //

present writ application, learned counsel for the Food Corporation of India submitted that the law laid down by the Hon'ble Delhi High Court and affirmed by the Hon'ble Supreme Court would be applicable to the case of the present petitioner.

4. In view of the aforesaid legal position, there is nothing will survive for adjudication by this Court. Accordingly, the writ application is disposed of in the light of the judgment of the Hon'ble Delhi High Court which has been affirmed by the Hon'ble Suprme Court.

5. Accordingly, the writ application stands disposed of. In view of the aforesaid observations, the interim order passed on 18.04.2011 stands vacated.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 13-Dec-2023 15:21:33