Shalendra v. Chairman & Managing Director, Food Corporation of India and Ors.

1. Present writ petition has been filed by the Petitioner seeking the following reliefs:- “a) Allow the present petition and the recruitment process followed by the Respondents in connection with the Advertisement No. 01/2019-FCI Category-III, dated 23-02-2019 whereby the Respondents have not provided 4.5% vacancies reserved for disabled ESM and dependents of service personnel killed in action under the ESM category having 14.5% vacancies reserved for the said post of AG-III (Accounts) for North Zone in FCI may be quashed and set aside; b) Direction may be given to the Respondents to provide 4.5% vacancies reserved for disabled ESM and dependents of service personnel killed in action under the ESM category having 14.5% vacancies reserved for ESM for the said post of AG-III (Accounts) for North Zone in FCI in all direct recruitment in Group-C post; c) Direction may be given to the Respondents to take decision on the said Representation dated 23-01-2020 and 23-06-2020 made by the petitioner to consider his case within 15 days from the date of receipt of the order passed by this Hon'ble Court; d) Direction may be given to the Respondents to include/ place the name of Petitioner being only disabled ex-servicemen at first rank in the list of selected candidates for the said post of AG-III (Accounts) for North Zone in FCI under the 4.5% vacancies reserved for disabled ex-servicemen and dependents of service personnel killed in action under ESM category: e) Direction may be given to the Respondents to call the Petitioner for document verification after including/placing his name in the list of selected candidates for the said post of AG-III (Accounts) for North Zone in FCI under the 4.5% vacancies reserved for disabled ex-servicemen and dependents of service personnel killed in action under ESM category within 15 days from the date of receipt of the order passed by this Hon’ble Court; f) Direction may be given to the Respondents to consider appointing the Petitioner to the said post of AG-III (Accounts) for North Zone in FCI under the 4.5% vacancies reserved for disabled ex-servicemen and dependents of service personnel killed in action under ESM category with all the consequential benefits including right to receive salary, other allowances, increment, etc from the date of joining of selected candidates within 30 (Thirty) days from the date of receipt of the order passed by this Hon'ble Court; g) Order be passed for departmental enquiry against all those erring officials of FCI who are responsible for deliberately and willfully not complying the said provisions of law/Rules thereby not provided 4.5% vacancies reserved for disabled ESM and dependents of service personnel killed in action under the ESM quota/reservation in FCI in all direct recruitment in Group C post and the same has be completed within 6 months from the date of passing the order by this Hon'ble Court: h) Impose litigation cost upon the Respondents and same has to be paid to the Petitioner, and i) Pass such other or further orders as this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case and in the interest of justice.”

2. It is the grievance of the Petitioner that a recruitment process was initiated by Food Corporation of India (‘FCI’) through an advertisement dated 23.02.2019 for filing up various posts in different zones of FCI including the post of Assistant Grade-III (Accounts) for North Zone, however, Respondents have not reserved 4.5% vacancies for disabled Ex-Servicemen (‘ESM’) and dependents of Service Personnel killed in action under the ESM category, which has resulted in depriving the Petitioner of appointment to the post of Assistant Grade-III (Accounts) for North Zone.

3. As per the case set up by the Petitioner, he being a disabled ESM applied for the post of Assistant Grade-III (Accounts) for North Zone having all requisite qualifications and appeared for the examination. Petitioner cleared both Phase-I and Phase-II examinations and was placed at 35th rank in the waiting list prepared by the Respondents. In the waiting list, according to the Petitioner none of the candidates fall under disabled ESM category and the Petitioner is the only candidate and should have been placed at the first rank. Even in the list of selected candidates, out of 41 ESM category candidates selected, none of the candidates belong to the Petitioner’s category or in the category of dependents of Service Personnel killed in action.

4. Grievance of the Petitioner is that the Respondents have violated the Rules for reservation of 4.5% vacancies for disabled ESM, but for which Petitioner would have been appointed. It is submitted that Petitioner has made a number of representations followed by reminders including a legal notice on 22.06.2022 for considering his case in the 4.5% vacancies which ought to be reserved for his category, but there is no response. Learned counsel for the Petitioner, on instructions, submits that, at this stage, Petitioner would be satisfied if a direction is issued to the Respondents to decide the representations of the Petitioner and pass a reasoned and speaking order.

5. Accordingly, it is directed that Respondents shall consider the representation dated 23.01.2020 made by the Petitioner and take a decision thereon, in accordance with the DoPT O.Ms and the various circulars which are appended to the writ petition, pertaining to reservation of disabled Ex-Servicemen. The entire exercise shall be completed by the Respondents within a period of six weeks from today.

6. Needless to state that a reasoned and speaking order shall be passed by the Respondents on the representation and the same shall be communicated to the Petitioner. In case of any surviving grievance, Petitioner is at liberty to resort to appropriate remedies available in law.

7. Writ petition along with pending applications is disposed of in the aforesaid terms.

JYOTI SINGH, J FEBRUARY 01, 2023