IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10944 of 2010 1. SRIKANT JHA S/O LATE BRAJ NANDAN JHA R/O VILLAGE + P.O.- HARKAMAN SHAHI VIA MINAPUR, DISTT.- MUZAFFARPUR, AT PRESENT R/O NEW AREA BALUGHAT, MITHILA NAGAR, P.S. NAGAR MUZAFFARPUR, DISTT.- MUZAFFARPUR Versus 1. THE UNION OF INDIA THROUGH MANAGING DIRECTOR F.C.I. HEAD QUARTERS, 16/20, BARA KHAMBHA LANE, NEW DELHI 2. EXECUTIVE DIRECTOR (ZONAL MANAGER) F.C.I. 10, MIDILTON RAW, KOLKATA 3. GENERAL MANAGER, F.C.I., ARUNACHAL BUILDING, EXHIBITION ROAD, PATNA 4. UNIT MANAGER, F.C.I., BELAMI, PURNEA 5. DISTRICT MANAGER, F.C.I., BUTTAGARH 6. AREA MANAGER, F.C.I., AREA OFFICE, BAHALLICHATTI, MUZAFFARPUR 7. MANAGER (ACCOUNTS) F.C.I., DISTRICT OFFICE, MOTIHARI (EAST CHAMPARAN) ----------- 04. 24.08.2010 Heard learned counsel for the petitioner and the counsel for the Food Corporation of India(hereinafter referred to as the FCI). 2. Petitioner was appointed as Boiler Attendant in the FCI on 19.6.1978, he served on the said post until the closer of the two rice mills of the FCI situate in the State Of Bihar. FCI thereafter called for option from the petitioner and other staff of the two rice mills for absorption in the other cadres available in the FCI. Petitioner and others gave their option. In this connection, reference is made to the letter of the Assistant Manager bearing No.302 dated 25/28.5.1992, Annexure-6A, wherefrom it appears that petitioner gave his option for the post of AG-III(Depot). 3. It is submitted on behalf of the petitioner that after giving his option till superannuation he served on the post of AG-III(Depot), which is in the same scale as that of Boiler Attendant. It is also submitted that Sri Hari Shankar Prasad Singh, Oilman who was also - 2 - the employee of the Modern Rice Mill, Chanpatia and had given his option as Watchman, which is evident from letter dated 25/28.5.1992 has been allowed change of cadre as also been given promotion and is presently serving on the post of AG-II at Chanpatia Depot but petitioner has not been allowed change of cadre and continued to serve as AG-III(Depot) until the date of his superannuation i.e. 31.3.2010. 4. Aforesaid fact has not been disputed in the counter affidavit but it is submitted that till date the authorities of the FCI have not passed any order permitting change of cadre in the case of the petitioner and until such change is permitted he cannot be considered for promotion on the higher post. The two rice mills of the FCI situate in the State of Bihar were closed during the period between 1978-79 and thereafter option of the petitioner and other employees of the two rice mills was called for and they submitted their option. In the light of the option the change of cadre should have been allowed much earlier but in the case of the petitioner change of cadre was not permitted until the date of his superannuation, result being that he retired on the same post on which he was appointed. 5. Having heard counsel for the petitioner and the FCI, I direct the Executive Director, FCI to consider the case of the petitioner for change of cadre with effect from the date of his option or from the date from which change of cadre has been permitted in the case of M/s Hari Shankar Prasad Singh, Fulena Singh, Oilman and unskilled worker respectively as early as possible, in any case within - 3 - two months from the date of receipt of this order by the Executive Director, FCI, meanwhile admitted retiral dues of the petitioner if not already paid be paid to the petitioner by 30.9.2010. In case, case of the petitioner is not found suitable for promotion within the cadre, his case for grant of promotional/ACP benefit be considered in the light of the order of the Hon’ble Supreme Court dated 5.2.2008, Annexure- 21. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)