IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8400 of 2010 ZAKIRUDDIN ANSARI, SON OF LATE WALI MOHAMMAD ANSARI, RESIDENT OF VILLAGE & P.O.- BARMASIA, P.S. BARAHAT JSHIPUR, DISTRICT- BHAGALPUR . Versus 1. THE FOOD CORPORATION OF INDIA THROUGH THE CHAIRMAN- CUM-MANAGING DIRECTOR, FOOD CORPORATION OF INDIA, HEADQUARTER, NEW DELHI. 2. THE CHAIRMAN-CUM-MANAGING DIRECTOR, FOOD CORPORATION OF INDIA, HEADQUARTER, NEW DELHI. 3. THE EXECUTIVE DIRECTOR, FOOD CORPORATION OF INDIA (EAST ZONE), ZSONAL OFFICE, 10-A, MIDDLETON ROW, KOLKATTA- 71. 4. THE GENERAL MANAGER, FOOD CORPORATION OF INDIA, BIHAR REGION, REGIONAL OFFICE, ARUNACHAL BUILDING, IIIRD FLOOR, EXHIBITION ROAD, PATNA – 800001. 5. THE AREA MANAGER, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, DARBHANGA, LAHERIA SARAI, DARBHANGA- 846001. 6.THE ASSTT. GENERAL MANAGER (PER), FOOD CORPORATION OF India, zonal office- kolkatta. 7. THE SENIOR REGIONAL MANAGER, REGIONAL OFFICE, PATNA ----------- 2. 21.06.2010. Learned counsel for the Food Corporation of India (hereinafter referred to as the “Corporation”) has filed Vakalatnama which is taken on record. 2. Heard learned counsel for the petitioner and the Corporation. 3. Petitioner at the relevant time served as Assistant Grade-I (Depot). He is aggrieved by office order dated 09.07.2009, Annexure-1, whereunder selection grade benefit of the post of Assistant Grade-II (Depot) granted to him with effect from 1.12.1991 under office order no. 193/96 dated 09.07.1996 has been cancelled on the ground that vigilance cases were pending against him at the relevant time. It is submitted on behalf of the petitioner that in the vigilance cases pending against him at the relevant time he was exonerated under order dated 19.07.1999, Annexure-5 and in the light of the order dated 19.07.1999 the selection grade benefit granted to him on the post of Assistant - 2 - Grade-II (Depot) should not have been cancelled. Highlighting the aforesaid aspect petitioner has filed representation dated 22.08.2009 which is addressed to the Executive Director of the Corporation and has been forwarded to the Executive Director through the General Manager by the Area Manager under letter dated 27.08.2009, Annexure-12. It is submitted on behalf of the petitioner that aforesaid representation has not yet been considered and disposed of and he is to superannuate with effect from 30th June, 2010 and if the matter is not considered soon, his payment of retiral benefits are likely to suffer. It is also submitted that he may be allowed further opportunity to give a better representation highlighting the facts that the grant of selection grade benefit of the post of Assistant Grade-II (Depot) with effect from 01.12.1991 should not have been cancelled. 4. Having heard counsel for the petitioner and the Corporation I dispose of this writ application with liberty to the petitioner to file better representation along with a certified copy of this order within two weeks of receipt of a copy of this order which should be considered and disposed of by the Executive Director in accordance with law as early as possible in any case within a period of three months from the date of its receipt taking into account the order dated 19.07.1999, Annexure-5. In case the representation filed by the petitioner against Annexure-1 in the light of this order is allowed, case of the petitioner for grant of stepping up of pay at par with that of his junior Sri S.N.P. Sinha, A.G.-I (D) should also be considered in accordance with law, provided he is otherwise eligible. P.K.P. (V.N.Sinha,J.)