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PETITIONER: P. SADAGOPAN & ORS.

       Vs.

RESPONDENT: FOOD CORPORATION OF INDIA, ZONAL OFICER (SOUTH ZONAL MANAGER

DATE OF JUDGMENT:       20/03/1997

BENCH: K. RAMASWAMY, S. SAGHIR AHMAD

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      This appeal  by special  leave arises from the judgment of the  Division 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  case for  promotion  in  terms  of  the executive instructions  issued by  the  Board.  The  learned single Judge dismissed the petition. On appeal, the Division Bench upon  instructions issued  by the  Board and held that the promotion  should be in terms of the instructions issued by the  Board which  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:      "All promotions shall be considered      by   a    Promotion   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 panel."      The Regulation provides that such of the candidates who have put  in three  years experience as Assistant Category I are eligible  to be  considered for  promotion as  Assistant Managers in  Category II  post.  It  is  now  settled  legal position that  executive instructions  cannot be  issued  in derogation  of   the  statutory   Regulations  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 Division Bench, therefore, was not right in upholding the power of the Board in directing  relaxation of  the statutory  Regulations  and consideration of the cases without considering the claims of all the  eligible persons.  Moreover, later the Board itself

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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  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 subject to the above directions. No costs.