Patna High Court
Ajay Kumar and OrsversusThe Food Corporation Of India and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court disposed of the writ petition, directing the petitioners to file separate representations before the Zonal Manager, thereby refusing to grant the writ of mandamus.
Summary
The petitioners, five Category‑IV workmen of the Food Corporation of India, filed a writ petition seeking a mandamus directing the corporation to promote them to Assistant Grade‑III and II positions, alleging they had completed twelve years of service and met the criteria in ED(P)’s Do Letter No.41 (9)/2000‑OMISS, while junior colleagues had already been promoted. They also sought payment of all monetary benefits due from the promotion date. The respondents filed a counter‑affidavit and the petitioners moved an interlocutory application to amend the writ. The Court, after hearing both sides, declined to keep the writ pending and disposed of it, directing the petitioners to file individual representations before the Zonal Manager of FCI within four weeks. The Court ordered that the representations be decided within two months, with any benefits payable within that period, and that a reasoned order be issued if the representations are rejected. Consequently, the writ petition was dismissed without further adjudication on the merits.
Issues considered
- Whether the petitioners are legally entitled to promotion to Assistant Grade‑III and II under the government instruction ED(P)’s Do Letter No.41 (9)/2000‑OMISS after completing twelve years of service.
- Whether a writ of mandamus can be issued directing the Food Corporation of India to effect such promotion and pay associated benefits.
Subjects
- promotion
- mandamus
- Food Corporation of India
- government instruction
- service tenure
- administrative law
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11813 of 2017
======================================================
1. Ajay Kumar, son of Late Rajendra Sharma, Resident of village - Hulaschak
P.S. Janipur District- Patna at presently posted as Category-IV (Workman) at
Distt. Office, Gaya.
2. Shashi Shankar, son of Sri Akhileshwar Prasad Singh Resident of Mohalla-
New Area Visar Talab P.S. - Civil Lines, Distt - Gaya at present posted as
Category - IV (Workman) at Distt. - Office FCI Gaya.
3. Nagendra Kumar son of Sri Suraj Singh Resident of Village - Jinpura, P.S.-
Bihta Distt. - Patna at present posted as Category- IV (Workman) at Patna.
4. Sri Kant Sharma son of Late Ganesh Singh Resident of Village - Chainpur
P.S. Bella Distt- Gaya presently posted as Category -IV (Workman) at Distt.
Office FCI Gaya.
5. Jitendra Sharma son of Dev Nath Sharma Resident of Village - Bearer, P.S.-
Ranitalab, Distt.- Patna presently posted as Category-IV (Workman) at
Regional Office FCI Patna.
... ... Petitioner/s
Versus
1. The Food Corporation of India through its Chairman 16-20 Barakhamba
Lane, New Delhi.
2. The Zonal Manager Food Corporation of India 10 A Middleton Row
Kolkata-71.
3. The Senior Regional Manager The Food Corporation of India, Arunachal
Building Exhibition Road, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioners : Mr. Mukesh Kumar No-1, Advocate
For the F.C.I. : Mr. Shashi Dhar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 05-02-2026 1. Heard learned counsel for the petitioners and
learned counsel for the Food Corporation of India.
Patna High Court CWJC No.11813 of 2017(3) dt.05-02-2026
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2. The petitioners have filed the instant application for
the following reliefs :-
“That this application is being filed
for the issuance of writ in nature of Mandamus
directing the respondents concern to promote the
petitioners to the post of Asst. Grade-III & II
(General Dept) in terms of special Instructions
vide ED(P)’s Do Letter No.41 (9)/2000-OMISS
dated 27.06.2000 as the petitioners have
completed 12 years of services and full fill all
criteria as contained in the aforesaid circular
and juniors to the petitioners have all ready been
promoted to the post of Asst. Grade-III(General
Dept) & Asst. Grade-II (General Depot) during
the year of 2003 & 2007.
For issuance of appropriate writ or
writs, direction/directions to the respondents
concern to pay entire monetary benefits in terms
of promotions from the due date.
For issuance of any other writ/writs,
order/orders, direction/directions for which the
petitioners are legally entitled.”
3. An interlocutory application [I.A. no.1 of 2018
(8938 of 2018)] has been filed on behalf of the petitioners
praying for amendment in the main writ application by deleting
paragraph nos.4 to 13 therein and treating paragraph nos.2 to 15
of the interlocutory application as part of the main writ
application.
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4. Having heard learned counsel for the parties and
having perused the contents of the writ petition as also the
interlocutory application, the Court is not inclined to keep the
writ application pending.
5. The writ application is disposed of directing the
petitioners to file their individual/separate representations before
the Zonal Manager, Food Corporation of India, 10 A Middleton
Row, Kolkata-71 (respondent no.2) within a period of four
weeks.
6. It may be observed here that the petitioners will be
at liberty to raise all the points raised in the instant writ
application as also those otherwise available to them including
the Government instructions brought on record as Annexure-5 to
the I. A. no.1 of 2018 (8938 of 2018) and the respondent
authority shall take into consideration all the points in deciding
the same.
7. In case such a representation is filed, the same shall
be decided/disposed of by the respondent concerned within a
period of two months from the date of its filing and
consequential benefits found payable to the petitioners shall also
be paid within the said period.
8. In case the representations of the petitioners do not
Patna High Court CWJC No.11813 of 2017(3) dt.05-02-2026
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find favour with the respondent concerned, a reasoned order for
the same shall be communicated to the petitioners within the
aforesaid period.
9. The writ application stands disposed of.
(Partha Sarthy, J)
avinash/-
U
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