Judgment · High Court

Heard Mr. C.Choudhury, learned counsel appearing for the applicant and M r. P.D.Nair, learned counsel appearing for the respondent-writ petitioner. in W.P (C) No.1688 of 2010 The respondent-writ petitioner who belongs to the Accounts Cadre of the Food Corporation of India, claims that the seniority list prepared by the author ity is in violation of the Regulation of 16(1) of the F.C.I. Regulation of 16(8) and permission sought to be made to the post of Asstt. General Manager (Accoun ts) cannot be sustained in as much as the seniority is in breach of the regula tion. Taking cognizance of the case of the respondent/ writ-petitioner, this c ourt passed an interim order dated 30.4.2010 restraining the F.C.I authority fro m making any promotion based on the impugned seniority list of Manager (Accou nts) circulated vide letter dated 25.10.2010, without the leave of the court. Wh ile passing the aforesaid interim order, this court also observed that the resp ondents were at liberty to move this court for modification/ alteration /vacati on of this interim order.

Hence this Misc. application. The contention of the applicant before this court in this Misc. Case i s that a large number of promotions to the posts of Assistant Manager ( Accounts ) had been stalled by this interim order passed by this court and even if the p etitioner succeeds in the writ petition he will be entitled to get promotion aga inst only 1 (one) post and as such, the interim order which has put a blanket r estraint to promotion to the post of Asstt. General Manager (Accounts) needs be modified. I find sufficient force in the argument advanced. If the writ - petiti oner could succeed in the case, the promotion can be made only against 1 (one) p ost and, therefore, there is no justification to restrain promotion to a large nu mber of posts in the grade of Asstt. Manager (Accounts). In view of the above, the interim order dated 30.4.2010 is modified to t he extent that the promotion sought to be made by the FCI authority to the posts of Asstt.

General Manger (Accounts) can be permitted , however, subject to the condition that any promotion made thereto in terms of this order, shall be subje ct to the final outcome of the writ petition. In the meantime, to protect the in terest of the petitioner , 1 (one) vacant post of Asstt,. General Manager (Accou nts) in the FCI shall be kept unfilled until further orders. With the above observation, the interim order is modified to the extent indicate d above and the Misc. case is disposed of.