THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23418 OF 2005 DATED: 30-12-2005 Between: Food Corporation of India Scheduled Castes and Scheduled Tribes Handling Workers Welfare Association, Ongole, and another . . .Petitioners And Food Corporation of India, New Delhi, and others . . .Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23418 of 2005 O R D E R: The first petitioner is a welfare association of Scheduled Castes and Tribes Handling Workers Association of Food Corporation of India at Ongole. The second petitioner is its President. This writ petition is filed with a prayer to declare the letter, dated 19-08-2005, issued by the District Manager, Guntur, fourth respondent, as illegal and arbitrary and consequently, to direct the respondents to implement the rule of reservation, in filling up the posts of Gang Sardar and Mandal, for various Gangs working at Ongole. The petitioners placed reliance upon the Circular, dated 27-08-1999, and contend that the action of the fourth respondent in ignoring the reservations, in the matter of appointment of Sardars and Mandals of the Gangs is illegal and arbitrary. Heard the learned counsel for the petitioners and learned Standing Counsel for the respondents. Basically, the Handling Workers were the persons engaged by various contractors. In pursuance of the policy formulated by the Food Corporation of India, such workers were brought under the scheme of Direct Payment. Out of the Handling Workers at a particular depot, Gangs are to be formed, comprising 14 workers. Each Gang is to be headed by one “Sardar”, assisted by one “Mandal”. The Circular, dated 27-08-1999, mandates that the senior most workers, among those working at a particular depot, shall be nominated as Sardars and equal number of persons next in the seniority would be nominated as Mandals. The question of effecting reservation at the level of promotion would arise, if only the appointment to the feeder category of posts were made after following the rules of reservation. In the instant case, basically, there is no promotion as such. Even assuming that the nomination of Sardars and Mandals amounts to promotion, the occasion to follow the rules of reservation does not arise, since the Handling Workers were not enlisted on the basis of reservation. In that view of the matter, the contention advanced on behalf of the petitioners does not find any merit. The writ petition is accordingly dismissed. There shall be no order as to costs. _________________________ (L.NARASIMHA REDDY, J) 30th DECEMBER, 2005. kvni