As per case facts, employees of Punjab's food agencies faced charge sheets and recoveries due to disputes over weight gain/loss in stored food grains. The agencies applied policies to assess ...
No Acts & Articles mentioned in this case
CWP-27725-2013 (O&M) & connected cases -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
201+114 +280 CMs-995,996 & 1316-CWP-2023 in
CWPs-5463 & 5258 of 2016 &
CM-19843-CWP-2024
in CWP-2995-2016 &
CM-18895-CWP-2023 &
CM-19442-CWP-2024 in/&
CWP-27725-2013 (O&M)
Date of Decision :14.05.2025
Punjab State Warehousing Corporation Field
Employees Union ...Petitioner
Versus
Union of India & others ...Respondents
CWP-11011-2020 (O&M)
Puneet Kumar ...Petitioner
Versus
Union of India & others ...Respondents
CWP-12101-2021
Rajinder Kumar and others ...Petitioners
Versus
Union of India & others ...Respondents
CWP-12417-2024
CWP-27725-2013 (O&M) & connected cases -2-
Ajay Khurana and another ...Petitioners
Versus
The Appellate Authority, the Punjab State Civil Supplies
Corporation Ltd. & others ...Respondents
CWP-12972-2021
Ranjit Singh ...Petitioner
Versus
Union of India & others ...Respondents
CWP-13794-2020
Bhagwan Dass and others ...Petitioners
Versus
Union of India & others ...Respondents
CWP-14074-2024
Pankaj Vasdev ...Petitioner
Versus
The Appellate Authority, the Punjab State Civil Supplies
Corporation Ltd. & others ...Respondents
CWP-14966-2024
Ajay Pathania and another ...Petitioners
CWP-27725-2013 (O&M) & connected cases -3-
Versus
The Appellate Authority, the Punjab State Civil Supplies
Corporation Ltd. & others ...Respondents
CWP-15343-2024
Manjinder Singh ...Petitioner
Versus
The Appellate Authority, the Punjab State Civil Supplies
Corporation Ltd. & others ...Respondents
CWP-15444-2024
Sukhdeep Singh ...Petitioner
Versus
The Appellate Authority, the Punjab State Civil Supplies
Corporation Ltd. & others ...Respondents
CWP-15471-2024
Sukhdeep Singh ...Petitioner
Versus
The Appellate Authority, the Punjab State Civil Supplies
Corporation Ltd. & others ...Respondents
CWP-17302-2024
CWP-27725-2013 (O&M) & connected cases -4-
Deepak Kumar ...Petitioner
Versus
The Appellate Authority, the Punjab State Civil Supplies
Corporation Ltd. & others ...Respondents
CWP-15307-2022 (O&M)
Maan Singh and others ...Petitioners
Versus
Ministry of Consumers Affairs, Food and Public Distribution
& others ..Respondents
CWP-15620-2023
Sarvdeep Singh Bedi ...Petitioner
Versus
Union of India & others ...Respondents
CWP-15800-2020
Yashpal Chopra ...Petitioner
Versus
Union of India & others ...Respondents
CWP-1932-2021
Lovely and others ...Petitioners
CWP-27725-2013 (O&M) & connected cases -5-
Versus
Union of India & others ...Respondents
CWP-19641-2020
Sukhjeewan Singh ...Petitioner
Versus
The Appellate Authority/Board of Directors, The Punjab
Agro Industries Corp. and others ...Respondents
CWP-20794-2015 (O&M)
Gurdarshan Singh and others ...Petitioners
Versus
The Food Corporation of India and others ...Respondents
CWP-24143-2020
Haricharan ...Petition er
Versus
Union of India and others ...Responden ts
CWP-24157-2023
Thoru Ram ...Petitione r
Versus
Punjab State Civil Supplies Corporation Ltd.
& another ...Respondents
CWP-2499-2020 (O&M)
Angrej Singh ...Petitioner
CWP-27725-2013 (O&M) & connected cases -6-
Versus
Union of India and others ...Respondents
CWP-25473-2021
Harvinder Singh ...Petitioner
Versus
Punjab Agro Industries Corporation & others ...Respondents
CWP-27014-2023
Vikram Singh and others ...Petitioner
Versus
Union of India and others ...Respondents
CWP-2995-2016 (O&M)
The Punjab State Corporative Supply and Marketing
Federation Field Employees Union and others ...Petitioners
Versus
Union of India and others ...Respondents
CWP-3649-2007 (O&M)
Hans Raj and others ...Petitioners
Versus
Union of India and others ...Respondents
CWP-27725-2013 (O&M) & connected cases -7-
CWP-15290-2013
Bikramjit Singh and others ...Petitioners
Versus
State of Punjab and others ...Responden ts
CWP-16301-2018 (O&M)
Baljeet Singh Gill ...Petitioner
Versus
Punjab State Agro Industries Corp.
& another ...Respondents
CWP-17590-2013
Baljeet Singh Gill and others ...Petitioners
Versus
Union of India and others ...Respondents
CWP-3602-2014
Kulwant Singh and others ...Petitioners
Versus
Union of India and others ...Respondents
CWP-19380-2019
Sukhdev Singh Walia & another ...Petitioners
CWP-27725-2013 (O&M) & connected cases -8-
Versus
Union of India and others ...Respondents
CWP-19779-2009
Harbhajan Dass Bhatia and others ...Petitioners
Versus
Union of India and others ...Respondents
CWP-22944-2013
PAFC Feild Employees Union and others ...Petitioners
Versus
Union of India and others ...Respondents
CWP-23606-2017
Babu Singh ...Petitioner
Versus
The Punjab Agro Industries Corp. Ltd.
and another ...Respondents
CWP-23844-2017
Ram Parvesh ...Petitioner
Versus
The Punjab Agro Industries Corp. Ltd.
and others ...Respondents
CWP-24475-2019 (O&M)
CWP-27725-2013 (O&M) & connected cases -9-
Makhan Singh ...Petitioner
Versus
The Punjab Agro Industries Corp. Ltd.
and others ...Respondents
CWP-24863-2019 (O&M)
Rupinder Singh ...Petitioner
Versus
The Punjab Agro Industries Corp. Ltd.
and others ...Respondents
CWP-2523-2015
Kikar Singh ...Petitioner
Versus
Union of India and others ...Respondents
CWP-25390-2017
Joginder Singh ...Petitioner
Versus
The Punjab Agro Industries Corp. Ltd. and another
...Respondents
CWP-6686-2014
Rajinder Singh and others ...Petitioners
Versus
CWP-27725-2013 (O&M) & connected cases -10-
Union of India and others ...Respondents
CWP-3842-2017
Iqbal Singh ...Petiti oner
Versus
Union of India and others ...Respondents
CWP-5258-2016 (O&M)
The Punjab State Warehousing Field Employees Union
and another ...Petition ers
Versus
Union of India and others ...Respondents
CWP-5311-2019
Parshotam Lal ...Petitioner
Versus
The Additional Chief Secretary-cum-Financial Commissioner
and others ..Respondents
CWP-5463-2016
Mangal Singh & others ...Petitioners
Versus
The Punjab State Warehousing Corp.
and another ...Respondents
CWP-15612-2022
Manjit Singh ...Petitioner
Versus
CWP-27725-2013 (O&M) & connected cases -11-
Board of Director, Punjab Agro Industries
Corp and others
...Respondents
CWP-5695-2018
Raspreet Singh ...Petitioner
Versus
Punjab Agro Industries Corp. and another ...Respondents
CWP-6742-2023
Gurdev Singh and another ...Petitioners
Versus
The Reviewing Authority, Punjab State Civil Supplies
Corporation Ltd. (PUNSUP) & others ..Respondents
CWP-7543-2020 (O&M)
Kamal Kishore ...Petitioner
Versus
Punjab State Warehousing Corporation & others
..Respondents
CWP-28600-2024
Surinder Singh ...Petitioner
Versus
Ministry of Consumers Affairs, & others ..Respondents
CWP-14375-2021
Navdeep Singh ...Petitioner
Versus
Union of India & others ..Respondents
CWP-27725-2013 (O&M) & connected cases -12-
CWP-11265-2021
Nitin Jindal ...Petitioner
Versus
Union of India & others ..Respondents
CWP-34552-2024
Amandeep @Amandeep Gupta & others ...Petitioners
Versus
Appellate Authority PUNSUP & others ..Respondents
CWP-2529-2025
Shivdev Singh and another ...Petitioners
Versus
Appellate Authority Punjab State Civil Supplies Corp.
Ltd. & others ..Respondents
CWP-34746-2024
Satish Kumar ...Petitioners
Versus
Punjab State Civil Supplies Corp.
Ltd. & others ..Respondents
CWP-1118-2025
Varun Kumar ...Petitioner
Versus
The Appellate Authority, The Punjab State Civil Supplies
Corp. Ltd. & others ..Respondents
CWP-27725-2013 (O&M) & connected cases -13-
CWP-1586-2025
Ajay Kumar ...Petitioner
Versus
Punjab State Civil Supplies
Corp. Ltd. & another ..Respondents
CWP-2376-2025
Gagandeep Singh ...Petitioner
Versus
The Appellate Authority, The Punjab State Civil Supplies
Corp. Ltd. ..Respondents
CWP-2377-2025
Akash Verma ...Petitioner
Versus
The Appellate Authority, The Punjab State Civil Supplies
Corp. Ltd. ..Respondents
CWP-3164-2024
Gagandeep Singh @ Gagandeep ...Petitioner
Versus
Ministry of Consumers Affairs, Food and Public
Distribution & others ..Respondents
CWP-34118-2024 (O&M)
CWP-27725-2013 (O&M) & connected cases -14-
Rajender Kumar @ Rajinder Kumar ...Petitioners
& another
Versus
Ministry of Consumers Affairs, Food and Public Distribution
& others ..Respondents
CWP-7205-2020
Suresh Kumar and others ...Petitioners
Versus
Union of India and others ..Respondents
CWP-12345-2025
Rupinder Singh ...Petitioner
Versus
The Appellate Authority, The Punjab Agro
Industries Corporation ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Ms. Jagdeep Bains, Advocate (through V.C.)with
Mr. Tahaf Bains, Advocate (through V.C.)for the petitioner(s)
in CWP-27725-2013, CWP-20794-2015,CWP-29925-2016,
CWP-5258-2016,CWP-5463-2016, CWP-37837-2018,
CWP- 5311-2019, CWP-19641-2020, CWP-7543-2020,
CWP-20139-2020, CWP-25473-2021,CWP-15307-2022,
CWP-6742-2023,CWP-14074-2024, CWP-12417-2024,
CWP-15343-2024,CWP-15444-2024, CWP-15471-2024
CWP-3164-2024, CWP-2529-2025, CWP-12345-2025
CWP-28600-2024, CWP-2377-2025, CWP-1118-2025
CWP-2995-2016 & CWP-2376-2025
Mr. J.P.Rana, Advocate for the petitioner
in CWP-17302-2024 & CWP-17302-2024.
Mr. Nitesh Garg, Advocate for the petitioner
in CWP-11265-2021.
Mr. H.S. Saggu, Advocate for petitioner in CWP-24457-2019.
CWP-27725-2013 (O&M) & connected cases -15-
Mr. Raman Kaplish, Advocate with Mr. Shiv Kumar, Advocate
and Mr. Love Dev Singh, Advocate for the petitioner(s)
in CWP-11011-2020, CWP-12101-2021, CWP-12972-2021,
CWP-14506-2021, CWP-15839-2021,CWP-1932-2021,
CWP-2499-2020,CWP-7205-2020, CWP-27725-2013
and CWP-8247-2019.
Mr. Parveen Kumar Garg, Advocate
for the petitioners in CWP-3649-2007,
17590, 22944 of 2013,
CWPs-16301, 5695 of 2018, CWP-24863 of 2019,
CWP-13794-2020, CWPs-24143 & 24157 of 2023.
Mr. Gurminder Singh, Senior Advocae with
Mr. Jatinder Singh Gill, Advocate for respondent No.4
in CWP-27725-02013.
Mr. Naresh Kumar Manchanda, Advocate
in CWP-15800-2020.
Mr. Anil Kumar Sharma, Advocate for respondens No.1 & 2
in CWP-7543-2020.
Mr. Ashish Rawal, Advocate for respondent-UOI
in CWP-7205-2020 & CWP-21383-2023.
Mr. Padam Kant Dwivedi, Advocate
for the petitioner in CWP-27014-2023, CWP-34746-2024 &
CWPO-21383-2023.
Mr. Rahul Kumar Prashar, Advocate
for the petitioner in CWP-14966-2024.
Mr. Himanshu Setia, Advocate & Mr. Parvez Chugh, Advocate
for the petitioner(s) in CWP-3602-2014, CWP-6686-2014 &
CWP-3842-2017
Mr. Jartinderjit Singh & Mr. Pankaj Advocate for the petitioner
in CWP-15612-2022.
Ms. Gunjan Sachdeva, Advocate for
Mr. Puneet Sharma, Advocate for the petitioner in
CWP-15620-2023.
Mr. T.P.S. Chawla, Senior DAG, Punjab.
Mr. Shubham Thakur, Advocate for respondent-PUNSUP
in CWP-24157-2023.
CWP-27725-2013 (O&M) & connected cases -16-
Ms. Sunint Kaur, Advocate for respondent-PUNSUP
in CWP-14966-2024 & CWP-3455-2024.
Mr. Vikas Singh, Advocate
for respondent No. 5 – MARKFED in CWP-2995-2016.
Mr. Randeep Tanwar, Advocate for respondent-HSWC
in CWP-15307-2022.
Ms. Pushpanjali Bisht, Advocate for
Mr. T.S. Sidhu, Advocate for respondent No.4,5 &6
-PUNGRAIN
in CWP-15620-2023 and
for the respondent-PUNSUP in CWP-17302-2024.
Mr. Ranjit Singh Kalra, Advocate with
Ms. Mona Yadav, Advocate for respondents-PUNSUP
& Punjab Agro Industries Corp. Ltd.
Mr. K.K. Gupta, Advocate
for respondent Nos.3 and 4 in CWP-5311-2019.
Mr. Naveen Chopra, Advocate
for the respondent-ICAR in CWP-7543-2020
CWP-13794-2020, CWP-37837-2018, CWP-15307-2022
& CWP-6742-2023.
Mr. S.K. Gupta, Advocate and
Mr. Sumit Narang, Advocate for respondent No.7 in CWP-
19779-2009 and for respondent No.8 in CWP-24475-2019.
Mr. Somesh Gupta, Advocate for respondent-Punjab Agro
in CWP-17590-2013.
Mr. Sunish Bindlish, Standing Counsel for respondent-FCI.
Mr. Udit Garg, Advocate & Mr. Himanshu Chauhan, Advocate
for resondents in CWP-34118-2024
Mr. Anupam Singla, Advocate for respondent No.4 in
CWP-14375-2021 and respondents No.6 and 7
in CWP-22944-2013, CWP-3602-2014,
and for respondents in CWP-23606-2017.
Mr. M.S. Batth, Advocate for respondent/PUNSUP
in CWP No.15290 of 2013, CWP-3649-2007,
CWP-27014-2023, CWP-15343-2024, CWP-15444-2024
and CWP-15471-2024.
CWP-27725-2013 (O&M) & connected cases -17-
Mr. Amanpreet (A.P.) Singh, Advocate
for the respondent-PSWC in CWP-5463-2016.
Mr. Nitesh Bansal, Advocate for
Mr. Jatinder Singh Gill, Advocate for the respondent-PSWC.
Mr. Avikaran Bansal, Advocate for respondent-PUNSUP
in CWP-6742-2023.
Mr. Deepak Gupta, Advocate
for respondent-PUNSUP in CWP No. 24143 of 2023,
CWP-6742-2023 and CWP-12417-2024.
Mr. M.S. Virk, Advocate
for Dr. Puneet Kaur Sekhon, Advocate
for respondent Nos.3 and 4 in CWP-20794-2015.
Mr. Deepak Balyan, Advocte for respondent-ICAR
in CWP-27725-2013, CWP-25473-2021, CWP-25775-2023
& CWP-8482-2023
Mr. Vishal Ahuja, Advocate for respondents No.6 and 7
in CWP-3842-2017.
Mr. Anil Chawla, Senior Panel Counsel
respondent No.1-UOI in CWP-5258-2016.
* * *
Harsimran Singh Sethi, J. (Oral)
CMs-995,996 & 1316-CWP-2023 &
CM-19843-CWP-2024 &
CM-18895-CWP-2023 & CM-19442-CWP-20 24
As prayed for, application are allowed.
CM-996-CWP-2023 in CWP-5463-2016
Present application has been filed for bringing on record the
legal representatives of petitioner No.1-Mangal Singh, who unfortunately
died during the pendency of the present appeal.
Keeping in view the averments made in the application, which
are duly supported by an affidavit, the application is allowed. Legal
representatives of r petitioner No.1-Mangal Singh, details of whom have
CWP-27725-2013 (O&M) & connected cases -18-
been given in para-2 of the application are ordered to be brought on record
subject to all just exceptions.
Amended memo of parties is also taken on record.
CWP-27725-2013 (O&M) & connected cases
1. In the present bunch of petitions, details of which have been
given in the heading, the grievance being raised by the petitioner(s), who
are the employees of the various procuring Food Agencies of the
respondent-State of Punjab whose job profile was to store and supply the
food grains to the Food Corporation of India is that the policy issued by the
Government of India dated 22.10.2021 in respect of the issue as to how loss
of gain of weight of stored foodgrains is to be measured as well as
acceptance of the said policy vide letter dated 30.05.2022 is not being
applied in the case of the petitioner(s) so as to decide the allegations which
were alleged against them on the ground that same is applicable only
prospectively.
2. As per the petitioner(s), food grains, which were stored by the
various procuring food agencies of the respondent-State of Punjab, duty of
maintaining of which was upon the petitioner(s)-employees, which duty
included as how much should be the weight of the food grains after
particular time of storage of such food grain had to be qua which dispute
has been pending between the various agencies and their employees. The
agencies were demanding gain/loss in the weight of the stored food grains
caused due to the moisture, which factum was being disputed by the
employees keeping in view the number of years the said food grains
reamined in storage.
CWP-27725-2013 (O&M) & connected cases -19-
3. A Coordinate Bench of this Court passed an order dated
24.08.2012 in CWP-11967-2009 titled as, Punjab State Ware Housing
Field Employees Union vs. Union of India and others dealing with the said
issue in detail. As the employees were being issued charge sheets qua the
said aspect with the allegations that they were not performing their duties in
accordance with law so as to allege that weight of the stored food grain was
not in accordance with law and punishment of recoveries were imposed
upon them hence, in order to streamline the said process in order to decide
for once and all about the issue regarding the weight gain/loss during the
storage of food grain , a policy was directed to be framed and that too after
getting expert’s opinion on the said ssue.
4. Ultimately, the issue was sought to be resolved by the State in
consultation with the various Food Agencies. The reports of the experts
from Indian Council for Agriculture Research (hereinafter referred to as
‘ICAR’) was sought for. After getting the reports from the said experts qua
the aspect as to how the weight gain/loss in food grains was to be decided,
policies/standard operating process dated 22.10.2021 and 30.05.2022
attached with the main writ petition at page No.251 & 269 respectively were
issued thereby through policy dated 22.10.2021 recommendation of expert
committee for fixing norms for storage loss/gain on wheat and rice based on
recommendation ICAR-CIPHET formula for calculation of storage
loss/gain along with the correct procedure to do so has been stipulated
which policy has come into effect from 01.11.2021 and through letter dated
letter dated 30.05.2022, the policy dated 22.10.2021 has been directed to be
applied to all agencies with respect to CAP storage of wheat with effect
CWP-27725-2013 (O&M) & connected cases -20-
from Rabi marketing season 2023-2024.
5. The implementation of said policy/standard operating process
dated 22.10.2021 and letter dated 30.05.2022 issued by the Government of
India, Ministry of Consumers Affairs, Food and Public Distribution is in
question qua it being prospective in nature.
6. Learned counsel appearing on behalf of the petitioner(s)
submits that though, the said policy qua the determination of weight
gain/loss of the stored food grain has been issued but their claims are not
being considered keeping in view said policy dated 22.10.2021 read with
letter dated 30.05.2022 on the ground that the said policy is not to be made
applicable qua the disputes pending prior to the issuance of the said policies
and the same will only be prospective in nature and there is also challenge
to the said policies on the ground that certain aspects noted while issuing
the said policy are also causing prejudice to the employees.
7. Learned counsel appearing on behalf of the Food Agencies
submits that unless the said policy/standard operating process dated
22.10.2021 and 30.05.2022 are made operational to be made applicable
upon the pending disputes either inter se between the Food Agencies and
the employees or inter se between the Food Agencies, the benefit, which is
being sought by the petitioner(s) cannot be extended in view of the terms
and conditions of policy dated 22.10.2021 and the letter dated 30.05.2022.
8. Learned counsel appearing on behalf of Food Agencies of the
State of Punjab submits that it is the State which has to take decision on the
said issue as agencies are only implementing the directions of polices of the
State and Union on their own.
CWP-27725-2013 (O&M) & connected cases -21-
9. Learned counsel appearing for the Food Corporation of India
submits that keeping in view the policy which existed when the wheat was
lifted by the Food Agencies so as to supply the same, certain objections
were raised by the Food Corporation of India with the Food Agencies qua
the weight gain/loss of the food grains lifted and those objections have to be
dealt with on the basis of the norms which existed at the time of lifting of
food grains and the issue not be reopened so as to deal those objection on
the basis of the newly formed policy dated 22.10.2021.
10. Learned counsel appearing on behalf of the Food Agencies of
the State of Punjab argues that in case the argument of the learned counsel
for the Food Corporation of India is accepted then, the policy/standard
operating process dated 22.10.2021 and letter dated 30.05.2022 have to be
deemed to be prospective in nature and the employees cannot claim
retrospective benefit of the same.
11. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
12. The question which is put before this Court for determination is
whether the policy/standard operating process dated 22.10.2021 and letter
dated 30.05.2022, which have been framed by the State Government on the
advice of the experts and by associating various Food Agencies, are to be
made applicable prospectively or not and whether any dispute pending
between the employees and the agencies or between the Food Agencies on
the issue of weight gain on the date of issue of the said policies, the same
needs to be decided on the basis of the said policies or not.
13. The issue has to be understood while keeping in mind that
CWP-27725-2013 (O&M) & connected cases -22-
scientific reasons have been given while forming the said policy qua the
aspect as to how the food grains are to be stored and what norms are to be
made applicable to assess the weight gain/loss at the time when the food
grain is lifted. The said issue is a scientific one and has been dealt with by
the experts of ICAR. On the recommendation of the experts, the
policy/standard operating process dated 22.10.2021 and letter 30.05.2022
have been framed by the Government of India. Once, the said issue has been
scientifically decided and policy has been issued on the basis of the said
scientific recommendations made to the Government, the said policy has to
be made applicable on all the pending issues existing either between the
employees and Food agencies or inter se between the food agencies on the
date when the policies have been issued by the Government of India. It
cannot be said that the issues which were pending when the policy was
published are to be dealt with according to the old policy whereas, the same
issues which arose after the forming of said new policies which also
concerns the weight gain/loss while storing food grains is to be dealt by
keeping in mind the newly formed policy/standard operating process dated
22.10.2021 and letter dated 30.05.2022.
14. The scientific nature of the weight gain/loss in the food grain
during storage remains the same even prior to the issuance of the said policy
and is a factual aspect and not a policy aspect therefore, all the pending
disputes inter se between the Food Agencies including the Food
Corporation of India and other Food Agencies of the Government of Punjab
are to be dealt with as per the policy/standard operating process dated
22.10.2021.
CWP-27725-2013 (O&M) & connected cases -23-
15. Further, in case the policy dated 22.10.2021 issued by the
Government of India is only made applicable prospectively, it will cause
discrimination between the similarly situated employees. An employee, who
was the incharge of the storing the food grain up to 21.10.2021 under the
similar circumstances will be dealt in a different manner whereas, the same
employee or the employee discharging the same duties facing allegations on
the similar facts qua the same food grain stored but lifted after 21.10.2021
will be dealt in a different manner such a scenario which will only cause
prejudice between the similarly situated employees. The prejudice needs to
be removed as there is no scientific basis to adopt the said cut off date to
treat the policy dated 21.10.2021 prospectively.
16. The nexus sought to be achieved by the policy dated
22.10.2021 is to be determine the weight gain/loss of the food grains while
being stored, which aspect remains the same even prior to 21.10.2021 and
even after issuance of policy dated 22.10.2021. By using the norms set by
the policy to address the issue of weight gain/loss of the food grains stored
and taking two different decision on the same issue by adopting the said
policy prospectively will be arbitrary and illegal and will be discriminatory
and cannot be sustained.
17. Further, it is not the case that vide policy dated 22.10.2021 any
benefit which existed was enhanced or reduced. The factual aspects have
been established, which need to be taken into consideration while deciding
the issue of weight gain/loss of the food grain stored hence, implementing
the norms set by policy dated 22.10.2021 and taking it as a cut off date so as
to implement it prospectively is not correct as it would amount to excluding
CWP-27725-2013 (O&M) & connected cases -24-
the employees, who were also facing similar allegations and whose dispute
arose before the said policy, whereas issue faced by them is already covered
by the policy dated 21.10.2021.
18. It has been brought to the notice of this Court that the Food
Corporation of India raised the objection with regard to the certain weight
gain/shortage in the food grains during the time they were stored and lifted
without even controverting the same, the said objections were accepted by
the Food Agencies of the State of Punjab and the said allegations were
being passed upon the employees of the food agencies to hold them guilty
of the said objections so as to punish them.
19. It is directed that any dispute pending consideration on the
allegations for which employee faced various charge sheets/punishment on
the said issue are also to be decided on the basis of the policy/standard
operating process dated 22.10.2021 and letter dated 30.05.2022, which has
been framed after due inputs by the experts on the issue of the weight gain
by the food grains during the storage. The said policy will be made
applicable for all intent and purposes on the issue which are pending
consideration inter se between food agency i.e. Food Corporation of India
as well as by the various Food Agencies of the Government of Punjab as
well as upon the claim being raised by the employees wherein they have
been alleged to have misconducted themselves qua the aspect of the weight
gain/loss in the food grains during the time they were stored or any
punishment, which may have been imposed upon them which has still not
attained finality. The non-attaining of finality of the issue between the
parties means also the pendency of the writ petitions by such employees
CWP-27725-2013 (O&M) & connected cases -25-
before this Court, which will also be treated as pending disputes so as to
give jurisdiction to such employees to decide the allegations alleged against
them of punishment imposed to be decided in view of the policy dated
22.10.2021.
20. Keeping in view the facts and circumstance of the present case
and the observations of this Court, it is directed that in case, any employee
raises any grievance who is before this Court, whose punishment or charge
sheet has not attained finality, will be free to raise his/her objection with
regard to action taken against them qua the aspect of shortage/the weight
gain/loss in the food grains, which were in the custody of such employee
with the authorities concerned by filing appropriate representation that the
allegations alleged against them or the allegations accepted against them are
contrary to the policy, which has been issued by the Government of India
dated 22.10.2021 which are to be made applicable upon them.
21. In case any such grievance is raised by the employees
concerned, the Agency concerned will be under an obligation to look into
the aspect/grievances raised by such employee in terms of the
policy/standard operating process dated 22.10.2021 of the Government of
India and pass an appropriate speaking order whether any action/order
passed by such agency needs reconsideration or not in view of the
policy/standard operating process dated 22.10.2021. In case, it is found that
the objections raised by the employee concerned are meritorious,
appropriate decision be taken either to withdraw the disciplinary
proceedings or where punishment orders have been passed then to suitably
modify the punishment order keeping in view the facts and circumstances of
CWP-27725-2013 (O&M) & connected cases -26-
each case in light of the policy in question.
22. Further, with regard to the objections being taken by the Food
Corporation of India on the basis of which the employees have been issued
charge sheets or punishment orders, the said objections of the Food
Corporation of India will also be looked into on the basis of the
policy/standard operating process dated 22.10.2021 and letter dated
30.05.2022 which have been framed on the basis of the inputs by the
experts. In case, the objections of the Food Corporation of India are valid in
terms of the policy/standard operating process dated 22.10.2021 and letter
dated 30.05.2022, appropriate decision will be taken by the Food Agencies
of the Government of Punjab and appropriate order will be passed otherwise
agencies will be free to pass appropriate order in light of the policy dated
22.10.2021. In case, the Food Corporation of India is aggrieved in any
manner qua the non-acceptance of their claim by the respective Food
Agencies, they can avail appropriate remedy before the appropriate Forum.
23. In case, the Food Agencies do not accept the objections of the
Food Corporation of India and reject the deductions made by the Food
Corporation of India, they will be within their right to claim the deducted
amount in accordance with law.
24. Further, in some of the petitions, there is a challenge to the
policies/standard operating process dated 22.10.2021 and letter dated
30.05.2022 issued by the Government of India.
25. At the time of hearing, learned counsel for the petitioner(s)
submits that the challenge was only qua whether these policies will be
applied retrospectively or prospectively, which issue has already been
CWP-27725-2013 (O&M) & connected cases -27-
clarified by this Court by the present order and hence, at this stage, the said
claim be treated as not pressed with liberty that in case, any ambiguity
arises, the petitioner(s) can avail appropriate remedy.
26. Further, there are interim orders for stay on the punishment
imposed upon the petitioner(s) employees as well as the proceedings which
are being initiated against the employees qua the aspect of weight
gain/shortage in the food grains stored, which fact has now to be
reconsidered in case raised by an employee concerned hence, any employee
who raises the objections with regard to the punishment imposed or the
proceedings initiated by placing reliance upon the policy/standard operating
process dated 22.10.2021 and letter dated 30.05.2022, till the said claim is
decided by the authorities concerned, no coercive action be taken against
them. However, after the decision of the authorities concerned on such
representation, agencies concerned they will be within their right to get the
said order implemented.
27. It may be noticed that only the representation which is made up
to 30.06.2025 will be looked into by the authorities concerned in terms of
the present order.
28. Present petitions are disposed of in above terms.
29. Civil miscellaneous applications pending, if any, is also
disposed of.
30. A photocopy of this order be placed on the file of connected
cases.
May 14, 2025 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
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