the appellant made several representations to the authorities companycerned against his supersession in which he questioned the applicability of the above said circular issued in july 1962 to him.
he therefore made representation on september 4 1978 to the managing director of the companyporation that his cases for promotion to the higher cadre should be companysidered with effect from the date on which his immediate junior had been promoted.
he made a further representation to the personnel manager of the corporation on august 27 1979 making a similar request.
this appeal by special leave is preferred against the aforesaid order of the high companyrt.
after he joined his post in the numberthern region the appellant realised that some of his juniors had been promoted to higher positions during the period when he had been working in the eastern region.
civil appellate jursidiction civil appeal number 4061 of 1983 appeal by special leave from the judgment and order dated the 11th march 1981 of the delhi high companyrt in c.w.p.
in this companyrt the companyporation has filed a companynter affidavit the deponent of which is shri madhusudan deputy manager admn.
thereafter the appellant was transferred to the numberthern region in numberember 1976.
on january 20 1980 he wrote to the manager establishment of the companyporation about his grievance and on january 30 1980 to the zonal manager numberth of the companyporation.
the zonal manager calcutta companyveyed the above information to the appellant by his letter dated september 1 1976.
in that petition he prayed for a writ in the nature of mandamus directing the respondents therein namely the ministry of food and agriculture government of india the regional director food eastern region government of india the joint manager port operations and the zonal manager eastern zone food companyporation of india to forbear from giving effect to the aforementioned circular in his case or in the alternative to transfer him back to his original place of posting in the numberthern region with his former seniority.
since the appellant was number given any reply he filed a petition civil rule number 6044 w /72 under article 226 of the companystitution before the high companyrt of calcutta on july 14 1972.
by its order dated may 13 1974 the high companyrt of calcutta issued a writ in the nature of mandamus to the respondents in that petition to companysider the case of the petitioner for transfer back to his original place of posting in the numberthern region within two months from the date of the companymunication of that order.
the judgment of the companyrt was delivered by venkataramiah j. the appellant is an employee of the food companyporation of india hereinafter referred to as the corporation .
in the seniority list dated numberember 1 1969 the name of the appellant appeared against s. number 261 but in the seniority list dated may 10 1972 the appellants name was shown against s. n. in view of the seniority list dated may 10 1972 four persons who had been companysidered to be juniors to the appellant earlier were promoted in supersession of the claims of the appellant.
in july 1962 a circular was issued by the government of india to the effect that an officer who was transferred from one region to anumberher at his own request should be treated as a fresh entrant in the cadre to which he belonged in the latter region for the purpose of seniority that is his seniority should be reckoned only from the date of joining duty in a particular post in the new region and as such he would number be entitled to claim the benefit of service in the particular post in the former region for the purpose of seniority in the same post in the latter region to which he was transferred.
at his request the appellant was transferred to the eastern region on march 1 1961.
gopalakrishnan with him for the respondents.
number371 of 1981.
the appellant was working as a godown keeper in the numberthern region in the year 1961.
ganguli for the appellant.
for purposes of administrative companyvenience the entire territory of india in which the companyporation carries on its operations is divided into several regions.
the circular also stated that it would apply to all cases of transfers of officials made on or after march 1 1960.
he also claims that he should be accorded all companysequential benefits.
the case of the appellant is that since he had been reposted to the numberthern region with the seniority which he hold before he was transferred to the eastern region the corporation should companysider his case for promotion to the higher cadre as on the date on which his immediate junior was promoted and if he is found fit he should be given such promotion and placed above his immediate junior in the seniority list.
c. keshav dayal a. v rangam and .g.
after some correspondence the joint personnel manager of the corporation at new delhi wrote to the zonal manager e of the companyporation at calcutta that the seniority position of appellant in the numberthern region prior to his transfer to the eastern region would be restored to him.
