IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 16087 of 2009(E) -------------------------- PETITIONER(S): ----------------------- SOSAMMA PUNNEN,MANAGER, FOOD CORPORATION OF INDIA,REGIONAL OFFICE, KESAVADASAPURAM,THIRUVANANTHAPURAM. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.T.P.SAJID SMT.M.A.SULFIA SMT.NAMITHA JYOTHISH RESPONDENT(S): ------------------------ 1. EXECUTIVE DIRECTOR, FOOD CORPORATION OF INDIA,ZONAL OFFICE, 3,HADDOWS ROAD,CHENNAI-600 006. 2. GENERAL MANAGER, FOOD CORPORATION OF INDIA,REGIONAL OFFICE, KESAVADASAPURAM,THIRUVANANTHAPURAM. ADV. SRI.P.JACOB VARGHESE, SENIOR ADVOCATE FOR R1 & 2 SRI.VIVEK VARGHESE P.J. FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16087/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF APPOINTMENT ORDER NO.A1(6)/72 DT 3.3.1972. EXT.P2: TRUE COPY OF THE RELEVANT PAGES OF PROMOTION ORDER DT 18.5.76 ON AD HOC BASIS AS ASSISTANT GRADE II. EXT.P3: TRUE COPY OF O.O.NO.67/94/ESTT.I DT 9.5.94 PLACING THE PETITIONER IN ASSISTANT GRADE II (SECTION GRADE) FROM 1.12.90. EXT.P4: TRUE COPY OF O.O.NO.394/96/ESTT.I DT 7.11.96 PROMOTING HER TO OFFICIATE AS ASSISTANT GRADE I ON ADHOC BASIS. EXT.P5: TRUE COPY OF ORDER NO.252/97/ESTT.I DT 23.7.97 TERMINATING HER PROMOTION AS PER EXT.P5 AND PROMOTHING HER AS ASSISTANT GRADE I UNDER I.D.A.PATTERN. EXT.P6: TRUE COPY OF COMMUNICATION DT 7.8.97 SHOWING THAT SHE JOINED DUTY AS ASSISTANT GRADE I ON 23.7.97. EXT.P7: TRUE COPY OF O.O.NO.601/2004/E.R. DT 27.12.2004 PROMOTING HER AS ASSISTANT MANAGER. EXT.P8: TRUE COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST OF ASSISTANT GRADE II AS ON 27.11.90. EXT.P9: TRUE COPY OF THE RELEVANT PAGES OF THE RECAST SENIORITY LIST OF ASSISTANT GRADE III AS ON 31.3.99. EXT.P10: TRUE COPY OF O.O.NO.134/2001/ESTT.I DT 12.4.2001 RECASTING THE PROMOTION AS ASSISTANT GRADE III. EXT.P10(a): TRUE COPY OF THE RECAST SENIORITY LIST APPENDED TO EXT.P10. EXT.P11: TRUE COPY OF O.O.NO.572/2001/ESTT.I DT 27.12.2001 PROMOTING THE PETTIONER AND OTHERS NOTIONALLY AS ASSISTANT GRADE I FROM 1994. EXT.P12: TRUE COPY OF O.O.NO.62/2004/ESTT.I DT 3.2.2004 WITHDRAWING EXT.P11. EXT.P13: TRUE COPY OF O.O.NO.116/2003/ESTT.I DT 8.4.2003 GRANTING ONE ADDITIONAL INCREMENT (STAGNATION INCREMENT) THE PETITIONER AND OTHERS. WPC NO.16087/09 -2- EXT.P14: TRUE COPY OF O.O.NO.93/2004/ESTT.I DT 13.2.2004 WITHDRAWING EXT.P13. EXT.P15: TRUE COPY OF JUDGMENT DT 30.5.2008 IN WPC NO.7005/2004. EXT.P16: TRUE COPY OF PETITIONER'S REPRESENTATION DT 2.9.2002 TO THE 1ST RESPONDENT. EXT.P17: TRUE COPY OF PETITIONER'S REPRESENTATION DT 20.4.2005 TO THE 1ST RESPONDENT. EXT.P18: TRUE COPY OF PETTIONER'S REPRESENTATION DT 14.3.2006 TO THE 1ST RESPONDENT. EXT.P19: TRUE COPY OF THE REPRESENTATION DT 22.9.2008 TO THE 1ST RESPONDENT. EXT.P20: TRUE COPY OF THE REMINDER REPRESENTATION DT 2.12.2008 TO THE 1ST RESPONDENT. EXT.P21: TRUE COPY OF THE COVERING LETTER FROM THE 2ND RESPONDENT FORWARDING EXT.P20 TO THE 1ST RESPONDENT. EXT.P22: TRUE COPY OF THE REPRESENTATION DT 20.4.2009 TO THE 1ST RESPONDENT. EXT.P23: TRUE COPY OF THE COVERING LETTER DT 27.4.2009 FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P24: TRUE COPY OF THE OBJECTION DT 22.5.2000 BY THE PETITIONER. EXT.P25: TRUE COPY OF RELEVANT PAGES OF THE SENIORITY LIST OF ASSISTANT GRADE III AS ON 31.3.99. EXHIBITS OF R1 EXT.R1(A): TRUE COPY OF MEMO NO.5/6(4)/90-SC DT 20.4.2000. EXT.R4(B): TRUE COPY OF THE RELEVANT PORTION OF SENIORITY LIST. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16087 OF 2009 (E) ===================== Dated this the 15th day of June, 2010 J U D G M E N T The challenge in the writ petition is against recovery of certain amounts paid to the petitioner. 2. Briefly stated, the facts of the case are that the petitioner is working as Manager in Trivandrum Regional Office of the Food Corporation of India. By Ext.P11, notional promotion was given to several employees as Assistant Grade I and the petitioner is one of the beneficiaries. Subsequently by Ext.P12, FCI withdrew Ext.P11 and the amounts paid consequent on Ext.P11 were recovered. Although in Exts.P8, P9 and P10(a) seniority lists, petitioner was shown senior to many of the beneficiaries, recovery consequent to Ext.P12 was not effected in the case of several of her juniors. 3. After Exts.P11 and P12, by Ext.P13 order, stagnation increment was given to many of the employees including the petitioner. On the basis of Ext.P13, stagnation increments were drawn by all the beneficiaries of Ext.P13 order. Subsequently, by Ext.P14 order, Ext.P13 was also withdrawn and consequently WPC No. 16087/09 :2 : amounts paid to the petitioner was also recovered. Petitioner submits that, as on the previous occasion, from many of her juniors, recovery was not effected. It is stated that in the case of her juniors, when steps were taken for effecting recovery in pursuance to Exts.P12 and P14, they had approached this Court by filing WP(c) No.7005/04 and that writ petition was disposed of by Ext.P15 judgment restraining the FCI from effecting recovery from those juniors. Petitioner submits that having regard to the fact that pursuant to Ext.P15, recovery was not effected, the amount recovered from her salary consequent on Exts.P12 and P14 should be refunded to her. 4. Although several contentions have been raised by the FCI justifying the recovery effected from the salary of the petitioner, fact remains that the petitioner was senior to many of the employees of the FCI and that while recovery was effected from the petitioner, such recovery was not effected from many of her juniors and this Court has also restrained FCI from effecting recovery from those juniors. The resultant position is that a senior employee like the petitioner has ended up paying the amount received by her based on Exts.P11 and P13 and many of the WPC No. 16087/09 :3 : juniors have successfully avoided such payment. In such circumstances, I feel it is only just and proper that the petitioner should also be relieved of the obligation to have refunded the amount paid and the amount recovered should be refunded to her. Therefore, dispose of this writ petition directing that the amount recovered from the petitioner consequent on Exts.P12 and P14 shall be refunded to the petitioner giving her the benefit extended to the petitioners in WP(C) No.7005/04 in which Ext.P15 judgment was rendered by this Court. ANTONY DOMINIC, JUDGE Rp