P. SADAGOPAN AND ORS.versusFOOD CORPORATION OF INDIA, ZONAL OFFICER (SOUTH ZONE) REPRESENTED BY ITS ZONAL MANAGER AND ANR.

A                          P. SADAGOPAN AND ORS.
                                          v.
       FOOD CORPORATION OF INDIA, ZONAL OFFICER (SOUTH
      ZONE) REPRESENTED BY ITS ZONAL MANAGER AND ANR.

                                 MARCH 20, 1997
B
              [K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.)

          Service Law :

          Food C01poration of India Staff Regulations 1971 :
c
          Regulation JO-Promotion of Assistants Categ01y I to the post of
  Assistant Manager Category II-Regulations providing three years experience
  as Assistant Category I as pre-requisite for consideration for promo-
  tion--Promotion Board issuing executive instntctions relaxing the nonns laid
D dow11 under the Regulatio11:--Held, executive instntctions ca1111ot be issued i11
  derogatio11 of statutory Regulations-Authorities co11cerned would detennine
  promotio11s of all eligible ca11didates in accordance with the statutory regula-
  tio11s.

           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10651 of
E 1983.
          From the Judgment and Order dated 26.4.82 of the Madras High
     Court in W.A. No. 32 of 1977.

           Amrish Kumar for the Appellants.
F
           S.G. Sambandan and Y.P. Rao (NP) for the Respondents.

           The following Order of the Court was delivered :

           This appeal by special leave arises from the judgment of the Division
G    Bench of the Madras High Court made in Writ Appeal No. 32/77 on April
     26, 1982.

           Respondent M. Sambandan and others had filed writ petition in the
     High Court seeking direction for consideration their cases for promotion
     in terms of the executive instructions issued by the Board. The learned
H    single Judge dismissed the petition. On appeal, the Division Bench relied
                                          138
                        P.SADAGOPAN v. F.C.I.                         139

upon instructions issued by the Board and held that the promotion should A
be in terms of the instructions issued by the Board which bind the zonal
promotions. Those instructions came to be issued in exercise of Regulation
91 of the Staff Regulations. The question, therefore, is whether the view
taken by the Division Bench is correct in law? Regulation 10 of the Staff
Regulations, 1971 reads under :
                                                                             B
        "All promotions shall be considered by a Prom9tion Board duly
        constituted for purpose and shall be regulated by the general
        instructions to be issued by the Corporation from time to time in
        regard to the field of choice of candidates, the size of the panel
        and validity of the penal."                                          c
       The Regulation provides that such of the candidates who have put
in three years experience as Assistant Category I are eligible to be con-
sidered for promotion as Assistant Managers in Category II post. It is now
settled legal position that executive instructions cannot be issued in deroga-
tion of the statutory Regulations. In view of the fact that the statutory D
Regulatiofls require that experience of three years is a pre-condition to
 consideration for promotion to Category II post from Category I post, it
would be obvious that any relaxation was in defeasance of the above__,,,
Regulations. The Divisions Bench, therefore, was not right in upholding
the power of the Board in directing relaxation of the statutory Regulations E
and consideration of the cases without considering the claims of all the
eligible persons. Moreover, later the Board itself cancelled 1970 panel.
Regulation issued for promotion of the Scheduled Castes and Scheduled
Tribes should also be considered. Admittedly, they were not considered.
Since the claims of all the persons are not before us, we do not propose
to close the matter at this end. Accordingly, we set aside the order of the F
Division Bench and direct the concerned authorities to determine the
promotions of all the eligible persons in accordance with the statutory
Regulations and pass appropriate orders within a period of six months
from the date of the receipt of the order;

     The appeal is, accordingly, ·allowed. The writ petition stands disi
                                                                             G
missed subject to the above directions. No costs.

R.P.                                                     Apj,eal allowed.