High Court Kerala High Court

B.P.Hariharan vs Food Corporation Of India on 3 August, 2007

Kerala High Court
B.P.Hariharan vs Food Corporation Of India on 3 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18578 of 2005(J)


1. B.P.HARIHARAN, ASSISTANT GRADE I DEPOT,
                      ...  Petitioner

                        Vs



1. FOOD CORPORATION OF INDIA,
                       ...       Respondent

2. THE ZONAL MANAGER, FOOD CORPORAITION OF

3. THE SENIOR REGIONAL MANAGER,

                For Petitioner  :SRI.S.P.ARAVINDAKSHAN PILLAY

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN, SC, FCI

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :03/08/2007

 O R D E R
                       Antony Dominic, J.
            ========================
                  W.P(C).No.18578 of 2005
            ========================

           Dated this the 3rd day of August, 2007.

                           JUDGMENT

Petitioner has filed this Writ Petition seeking to quash

Ext.P6 to the extent it excludes him and Ext.P8 order by which

his representation for promotion to the post of Assistant Manager

(Depot) under the physically handicapped quota has been

declined. It is seen that the petitioner is a handicapped person

with 40% permanent disability which is not disputed by the

respondents as well.

2. He entered service as Assistant Grade III (Depot) on

8.1.1976 and was thereafter promoted as Assistant Grade II and

is presently working as Assistant Grade I. According to him,

although he is entitled to be promoted to the post of Assistant

Manager (Depot) in the normal channel of promotion, his claim

under the physically handicapped quota has been negatived by

the respondents and it is in this background that the petitioner

sought to quash Ext.P6 and P8 as stated above.

WP(C)18578/05 -: 2 :-

3. Respondents have filed a counter affidavit. It is stated

in the counter affidavit that in terms of Ext.R3(a) Circular

No.40/90 dated 22.10.1990 issued by the Headquarters of Food

Corporation of India, reservation that is available to the

physically handicapped category is as per the provisions

contained in the Office Memorandum No.36035/8/89/Estt. (SCT)

dated 20.11.1989 issued by the Department of Personnel and

Training, Government of India. It is stated that the said Circular

provided that within Group ‘C’ reservation will be provided to the

three categories of physically handicapped persons, viz, visually

handicapped, hearing handicapped and the orthopaedically

handicapped. According to them, so far as the petitioner is

concerned, he has permanent disability due to polio Residual

Paralysis and he does not come within any of those three

categories enumerated in the Circular or Office Memorandum

mentioned above. It is also stated in paragraph 9 of the counter

affidavit that the Headquarters issued Circular dated 7.10.2002

withdrawing the benefit of promotion for physically handicapped

from Category III to Category II. Petitioner has no case that he

comes within the purview of Ext.R3(a) or the Office Memorandum

WP(C)18578/05 -: 3 :-

mentioned above and if that be so, the petitioner cannot succeed

in this Writ Petition. In addition to this, the fact that benefits

extended through aforesaid Circulars in this regard have also

been withdrawn by Circular dated 7.10.2002 in which case,

petitioner cannot assert any further claim for promotion in that

category. In the above circumstances, I am not in a position to

sustain the claim of the petitioner for promotion to the post of

Assistant Manager (Depot) in the physically handicapped quota.

4. However, petitioner has a case that even according to

the respondents, he is entitled to the benefits of reservation in

the matter of promotion to the post of Assistant Grade II and

Assistant Grade I and that these benefits have not been granted.

According to him, if these promotions were granted in time, he

would have been senior in the Category of Assistant Grade I and

would have earned promotion to the higher posts without

reservation and in the normal channel. This aspect is not seen to

have been specifically dealt with in the counter affidavit. Taking

into account above grievance of the petitioner, I direct the

second respondent to consider the eligibility of the petitioner to

have been extended reservation in the physically handicapped

WP(C)18578/05 -: 4 :-

quota in the matter of his promotion to the post of Assistant

Grade II and Assistant Grade I with effect from the dates on

which he should have been given those benefits. On such

examination, if he is found to be eligible, consequential benefits

should also be extended to him. The matter shall be dealt with

by the second respondent within a period of six months from the

date of receipt of a copy of this judgment.

Writ Petition is disposed of as above.

Antony Dominic,
Judge.

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