HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 605 OF 2004 Between: Food Corporation of India and two others ………….Appellants AND V.C. Koteswara Rao and 12 others ………….Respondents JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Appeal has been filed aggrieved by the order dated 1.12.2003 passed in W.P.No. 2015 of 1993 by a learned Single Judge of this Court. Brief facts of the case are that the first respondent was joined the service of the appellants’-Corporation in the year 1965 and he was promoted as Deputy Manager (General) by proceedings dated 31.12.1983 on the basis of merit-cum-seniority and subsequently, the promotion was confirmed vide Office Order dated 11.6.1985 with effect from 31.12.1984. While so, in the year 1986 direct recruitment was taken up for the post of Deputy Manager and respondents 2 to 13 herein were appointed in the said cadre. It is stated that thereafter, inter se seniority list of promotees and direct recruits in the cadre of Deputy Manager was drawn up in the year 1987 and was published on 8.4.1988. The name of the first respondent was shown at Sl.No. 235, where as the names of respondents 2 to 13 were shown above him, though they were appointed and joined in service much after his promotion and confirmation in the said cadre. Aggrieved by the same, the first respondent made a representation on 21.7.1988 to show his name above the direct recruits, who joined in service much later to his promotion and confirmation to which, appellants gave a reply on 8.11.1988 stating that the seniority list has been prepared basing on the old regulations, which enshrine the quota reserved for direct recruitment and promotion respectively. Hence, the first respondent made another representation on 28.11.1990 requesting to consider his seniority in terms of the amended Regulations and also the guidelines laid down by the Supreme Court in various decisions in similar cases. As no action has been taken by the appellants herein, the first respondent preferred Writ Petition viz., W.P.No. 2015 of 1993 and a learned Single Judge of this Court allowed the Writ Petition with the following observation: “For all the above reasons, the Writ Petition is allowed and the seniority of the petitioner in the cadre of Deputy Manager shall be treated with effect from 31.12.1983 over and above the unofficial respondents. However, since the petitioner has retired from service, his further promotion, if any, be made notionally treating that he was promoted to the post of Deputy Manager with effect from 31.12.1983 and his seniority is over and over the unofficial respondents. His pension and other retiral benefits shall be computed on that basis and arrears, if any, shall be paid within a period of four months from the date of receipt of a copy of this order.” Aggrieved by the same, the Food Corporation of India preferred this Writ Appeal. The learned Standing Counsel appearing for appellants submits that the learned Single Judge erred in applying general principles of law when there are regulations which are of statutory in nature and are binding on all concerned. As seen from the record, direct recruits are entitled for being appointed against the vacancies meant for direct recruits, which were unfilled for the previous recruitment years, but they are not entitled to claim seniority over and above the promotees. Further, in this case, there will be only 2 direct recruits between the firs respondent and the person promoted earlier in the promotee quota, but a dozen recruits have intervened in the seniority list, therefore, this cannot be done in the guise of filling up the backlog vacancies of direct recruits. Be that as it may, as the respondents 2 to 13 did not choose to file any appeal, we are afraid how the Food Corporation of India is an aggrieved party as regards the issue of seniority, which has to be challenged by the concerned employees of Food Corporation of India. Hence, we are not inclined to interfere with the order passed by the learned Single Judge and the Writ Appeal is liable to be dismissed. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ SANJAY KUMAR, J DATE: 18.10.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.