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T.A.JOSE versus FOOD CORPORATION OF INDIA

High Court of Kerala

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T.A.JOSE v. FOOD CORPORATION OF INDIA - OP No. 13281 of 1999(F) [2007] RD-KL 13964 (24 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 13281 of 1999(F)

1. T.A.JOSE
... Petitioner

Vs

1. FOOD CORPORATION OF INDIA
... Respondent

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

Dated :24/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

O.P.No.13281 OF 1999

Dated this the 24th day of July, 2007



JUDGMENT

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 an 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 OP.13281/99 Page numbers that may be furnished by the petitioners and as are furnished in this writ petition. The petitioners may also, if they so desire, be 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. Sd/- THOTTATHIL B.RADHAKRISHNAN Judge kkb. OP.13281/99 Page numbers
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THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.13281 OF 1999

JUDGMENT

1ST JUNE, 2007.
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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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