Patna High Court
Ritesh Kumar vs The Food Corporation Of India And ... on 17 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19945 of 2014
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Ritesh Kumar son of Bipin Kumar, Manager Technical, Food Corporation of
India, Regional Office, Patna, Setu Nagar, Anisabad, PS-Beur, Distr-Patna.
... ... Petitioner/s
Versus
1. The Food Corporation Of India through its Chairman, Headquarters, 16-20,
Barakhamba Lane, New Delhi.
2. The Managing Director, Food Corporation of India, Headquarters, 16-20,
Barakhamba Lane, New Delhi.
3. The Executive Directors Personnel, Food Corporation of India,
Headquarters, 16-20, Barakhamba Lane, New Delhi
4. The General Manager Vig, Food Corporation of India, Headquarters, 16-20,
Barakhamba Lane, New Delhi
5. The Deputy General Manager RPI, Food Corporation of India,
Headquarters, 16-20, Barakhamba Lane, New Delhi
6. The Deputy General Manager Establishment, Food Corporation of India,
Headquarters, 16-20, Barakham Lane, New Delhi
7. The General MAnager FandA, Food Corporation of India, ZOE, Kolkata.
8. The Executive Director East, Food Corporation of India, Zonal Office,
Kolkata.
9. The General Manager, Food Corporation of India, Regional Office, Patna.
10. The Assistant General Manager Personnel, Food Corporation of India,
Regional Office Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shantanu Kumar
For the Respondent/s : Mr.Prabhat Kumar Verma
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 17-08-2023
The present writ petition has been filed seeking the
following reliefs:-
"1(I). To issue a writ in the nature of writ of
mandamus or any other appropriate
Patna High Court CWJC No.19945 of 2014 dt.17-08-2023
writ/order/direction commanding the Respondents
to consider Petitioner's case for grant of regular
promotion to the post of Assistant General
Manager (QC) in the IDA scale of Rs. 20600-
46500/- with effect from the date, since persons
juniors to the Petitioner have been given benefit of
such promotion.
(II) To issue a direction to the Respondents to
consider Petitioner's case for grant of two special
increments to which the Petitioner became entitled
after completion of 3 (three) years of service as
Manager in March' 2009 and after completion of 6
(six) years of service as Manager in March 2012,
which have wrongly been denied to the Petitioner.
(III). To hold and declare that the Petitioner after
having fully been exonerated from the
Departmental Proceeding initiated against him on
merits, is entitled as of right to be promoted to the
post of Assistant General Manager (QC) with
effect from the date, since persons juniors to him
have been promoted as well as two special
increments being admissible to the Petitioner after
completion of 3 (three) years of service as
Manager in March 2009 and after completion of 6
(six) years of service as Manager in March 2012."
2. At the outset, the learned counsel for the petitioner seeks
liberty on behalf of the petitioner to approach the Managing
Director, Food Corporation of India, New Delhi i.e. the
Patna High Court CWJC No.19945 of 2014 dt.17-08-2023
Respondent No. 2 for redressal of his aforesaid grievances,
however, seeks a direction upon the Respondent No. 2, to also
consider the guidelines, issued by the Ministry of Personnel,
Public Grievances and Pensions, Department of Personnel and
Training, Government of India, dated 14.9.1992, which has been
given effect to by the Respondents, vide Notification dated
17.12.1992. Liberty, so sought, is granted.
3. It is needless to state that in case, appropriate
representation is filed, annexing the guidelines and notifications
sought be to relied upon by the petitioner, within a period of
four weeks from today, before the Respondent No. 2, the
Respondent No. 2 shall consider the same in accordance with
law and pass a reasoned and a speaking order within a period of
eight weeks, thereafter.
4. The present writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
Ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.08.2023
Transmission Date NA
