IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.10877 of 2006 Date of Decision: January 28, 2009 Ramesh Kumar Chhabra .....PETITIONER(S) VERSUS Food Corporation of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Virender Kumar, Advocate, for the petitioner. Mr. Rajesh Garg, Advocate, for the respondents. . . . AJAI LAMBA, J (Oral) Learned counsel for the petitioner contends that the petitioner gave his option for transfer to Accounts cadre. The option was not considered till 1984. In 1984 when he was transferred to Accounts cadre, benefits for the past service have not been given since 1977. Learned counsel has further pointed out that impugned order, Annexure P-18, has been passed on the representation of the petitioner, however, no reasons have been assigned for not acceding to the request of the petitioner. I have considered the contentions of learned counsel. CWP No.10877 of 2006 [2] Para 4 of Circular dated 2.2.1977, Annexure P-1, reads as under:- “4. The employees on their transfer to the Accounts cadre on the basis of their options would be allowed to count their past service in the grades concerned for seniority in terms of regulations 16(7) of the Staff Regulations. In other words, as their transfer from the Gen. Admn. Cadre to the Accounts Cadre would be treated in the interest of the corporation, the seniority of the transferee will be fixed in the Accounts Cadre after giving them full weightage to the service counting for seniority in the particular category in the Gen. Admn. Cadre.” Under the circumstances, it stands established that the transfer of an employee from General Administrative cadre to the Accounts cadre was in the interest of the Corporation. It is not in dispute that the petitioner did exercise the option in the year 1977. No reasons are forthcoming as to under what circumstances, the petitioner was not transferred in 1977 itself and was taken in Accounts cadre in the year 1984. This issue has not been addressed even in the impugned order, Annexure P-18. Considering the totality of facts and circumstances of the case, order Annexure P-18 is set aside. It is directed that the respondents shall consider the case of the petitioner in terms of the circular issued and the spirit in which it has been issued. The respondents shall also consider the fact that similarly situated persons have been given the benefit, however, the same has been denied to the petitioner. CWP No.10877 of 2006 [3] The petitioner has also referred to Annexure P-19 which is a judgment rendered in Civil Writ Petition No.3135 of 2008 titled ‘Ravi Kumar vs. Food Corporation of India & Another’ which is also required to be taken into account. The petition is allowed in the above terms. Decision be taken within 90 days from the date of receipt of a copy of this order. (AJAI LAMBA) January 28, 2009 JUDGE avin