1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1909 OF 2004 P.A. Gopi ...Petitioner v/s Food Corporation of India ...Respondents Mr N.M. Ganguli for Petitioner. Mr D.S. Sapkale for Respondents. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 20TH AUGUST 2009. 2 P.C. :- 1] By this petition, the petitioner claims writ of mandamus directing the respondents to grant the petitioner selection grade scale in the post of Junior Engineer either from 20th May 1993 or from 1st December 1993 and pay him arrears accordingly with interest. We have heard learned counsel for both the sides. We have perused the record. From the affidavit filed by the respondents, it appears that one of the principal reason which weighed with the respondents in denying selection grade scale to the petitioner was the departmental inquiry held against the petitioner and in consequence thereof the punishment imposed. By our judgment in writ petition No.1028 of 1998 delivered on 18th August 209, we have set aside the order imposing punishment on the petitioner. Therefore, the principal reason that weighed with the respondents in denying selection grade scale has disappeared, but it is possible that the respondents may have considered other record of the petitioner also in denying him 3 selection grade scale. In our opinion, though the principal reason that appears to have weighed has disappeared for denying selection grade scale, it is appropriate that the respondents should reconsider the entitlement or otherwise of the petitioner to the selection grade scale in the post of Junior Engineer afresh in accordance with law. In our opinion, therefore, following order would meet the ends of justice. 2] The petitioner to make a representation to the respondents within a period of two weeks from today together with all relevant documents making out his case for grant of selection grade scale in the post of Junior Engineer from 20th May 1993 or from 1st December 1993 for payment of arrears and interest on the amount of arrears. The respondents shall consider that representation in accordance with law and on the basis of service record of the petitioner and make appropriate order and communicate it to the petitioner within a period of three months from the date of receipt of the 4 representation. If the order is adverse to the interest of the petitioner, the petitioner shall be entitled to adopt any remedy that may be available to him under the law. All contentions of both the sides are kept open. Petition is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )