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T.A.JOSE v. FOOD CORPORATION OF INDIA - OP No. 13281 of 1999(F)  RD-KL 13964 (24 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMOP No. 13281 of 1999(F)
1. FOOD CORPORATION OF INDIA
For Petitioner :SRI.K.P.DANDAPANI (SR.)
For Respondent :SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.O.P.No.13281 OF 1999
Dated this the 24th day of July, 2007
The petitioners are Assistants in the service of the first respondent Food Corporation of India.
2. The short issue that arises for decision in this case is as to whether Assistants Grade III, Grade II and Grade I in the service of the first respondent at the relevant time were discharging the same duties and responsibilities or, in other words, whether the duties and responsibilities attached to the post of Assistants Grade III, Grade II and Grade I in the service of the first respondent at the relevant time were one and the same. Since the materials on record had not demonstrated that the duties and responsibilities of all the three grades are the same, I had issued order dated 4.6.2007 giving an opportunity to the petitioner to place further materials on record. It is submitted that additional materials have been placed. OP.13281/99 Page numbers
3. After hearing learned counsel for the petitioner and learned counsel for the Food Corporation of India, it is apparent that the controversy between the parties is as to whether the Assistants in Grade III, Grade II and Grade I are discharging the same duties and responsibilities and as to whether the movement from the lower grade to the higher grade is merely an internal promotion. If that were so, conferment of a higher grade could be a normal course of event, without disturbing any seniority list but would result only in the incumbent drawing higher emoluments. However, such a question would necessarily depend upon the consideration of the ground realities as to whether the duties and responsibilities of the personnel in the three grades are one and the same.
4. In the aforesaid circumstances, though this matter relates
to an issue arisen in 1999 or earlier, the petitioners are given
opportunity to make a representation before the competent
authority in the first respondent and the said authority will
decide on the said issue, taking into consideration all materials
that may be furnished by the petitioners and as are furnished in
this writ petition. The petitioners may also, if they so
granted an opportunity of being heard. A final decision as
aforedirected shall be taken within a period of
six months from
the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above directions.
THOTTATHIL B. RADHAKRISHNAN, JO.P.NO.13281 OF 1999
1ST JUNE, 2007.
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