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3. On 1.5.1974 a circular was issued by the Corporation that it had been decided to make a differentiation at the time of first promotion from the recruiting grades between graduates and matriculates. According to the circular, the former would become eligible for promotion after three years of service while the latter would become eligible after five years of service. The circular also made it clear that promotions made in that manner will be made on provisional basis for the time being as a purely temporary measure and they may be regularised as son as formal amendment to the Regulations was made. On 22nd April, 1976 the F.C.I. (Staff) (30th Amendment) Regulations, 1976 was notified. It was deemed to have come into force on 1.5.74. That pertained to General Administration Cadre. Similarly F.C.I. (Staff) (43rd Amendment) Regulations, 1977 was notified on 10.2.77 with respect to Godown Cadre. The effect of the above amendments was to fix three years of service for graduates and five years of service for matriculates as eligibility criterion.

(who were till then available only for persons working as Assistant Grade-II or Grade-III respectively). It is submitted that in other words, the promotional avenues which were exclusively available to Assistant Grade-II or Grade-III respectively, were now open to others, namely the Telex Operators, Telephone Operators even without prescribing any quota for each of the categories made eligible for such promotions. It is submitted that an anomalous situation had arisen as a result, in as much as persons who are better qualified (minimum qualifications for being appointed as Assistant Grade-III is graduation) were treated equal to persons who are less qualified (minimum qualifications for appointment as Telephone Operators or Typists is Matriculation) for the purposes of promotion. It is submitted that the purpose of prescribing the minimum qualification as Graduation for appointment as Assistant Grade-III got defeated and in effect the entry point became `Matriculation' for those who entered the cadre as Typists or Telephone Operators. It is submitted that it was realised that it was not correct to equate the persons wh have higher academic qualifications (graduation) needing 4 more years of academic pursuit with these having lesser academic qualifications i.e. Matriculation.

410. No justification whatsoever has been offered to the impugned amendments except a vague and self serving statement that efficiency was "affected" or "vitiated" to a great exrtent. The burden which the food Corporation of India was agreed to discharge was to show how having regard to the nature of duties of the pst, efficiency was affected. This burden has not even been attempted to be discharged. The picture presented in para 3 of the affidavit tends t present a misleading picture as if the 30th amendment was introduced in order not to equate the typists and telephone operators with such of those AG.III [Gen] who possess qualification of graduation. These matriculate Asst. Gr.III [Gen] [Depot] were/are performing the duties of AG.III on par with Assistants Gr. III who possess qualification of Graduation. The duties and responsibilities of all the AG.III are one and the same and the salary paid is also the same. It is reiterated that the typists apart from typing work are also attending to the work of AG.III as required in the job description. The very fact that the work of AG.III [G] [Depot] are being carried out smoothly irrespective of officials possessing qualification f matriculation or graduation until this day clearly demonstrates that the qualification of matriculation is adequate to carry ut the nature of work prescribed for Assistant Grade III [Gen] and Assistant Grade III [Depot]. The nature of work prescribed in the job description vouches for this argument. It is also submitted that had the FCI management not been satisfied with the efficiency of the officials with qualification of matriculation as stated in the 3rd para of the affidavit it would not have gradually enhanced the quota from 10% to 20% and then to 30% for category IV employees [with minimum qualification of matriculation] for promotion to the post of AG. III (annexed as Annexure A-I). The deponent further submits that prior tot he establishment of Food Corporation of India, the employees were working in the Food Department and the entry level post, i.e., Junior Clerk [which is equal to Assistant Grade - III] the qualification prescribed was only matriculation."

It may be relevant to mention that the revision is subject to the outcome of the petitions pending before this Hon'ble Court. A copy of the office order dated 02.08.1995 and 11.08.1995 are annexed herewith and marked as ANNEXURE A-3 [Collectively]. That the respondent Food Corporation of India have annexed annexures to the Additional Affidavit which are not at all relevant to the present dispute and nothing has been shown by them which would require such amendments to be carried out with retrospective effect. In fact, matriculates of FCI are holding the jobs of Assistant Managers and Deputy Manager [General]/District managers which is three and four steps respectively above the Assistant Grade-III level which is the post in dispute in the present proceedings. It is also submitted that the post of Assistant Manager and Deputy Manager are selection posts whereas the post of AG.III and AG.II are non-selection posts. This clerical job of Assistant Grade III and Assistant Grade II can certainly be performed by matriculates with utmost efficiency when persons are thrust for such higher job, viz., Assistant Manager/Deputy Manager who are only matriculates. Extracts of all India integrated seniority list of Assistant managers [Gen]./Dept. as on 1984 is annexed as ANNEXURE A-4 and extract of all India integrated seniority of Deputy Managers [Genl.]/District Managers is annexed as ANNEXURE A-5."