Community › Forums › Legal Advice India › Govt of India abolished our dept, absorbed everyone EXCEPT 61 of us. Now we’re “deemed deputation” slaves to FCI. Article 14 violation? Senior advocates, please weigh in.
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UUser_df10bc12
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April 26, 2026 at 3:49 pm​Shillong, Meghalaya
Ministry of WCD shut down Food & Nutrition Board on 31.12.2023. 200+ staff redeployed. MTS/Accounts got absorbed in home-state Central depts. Group A officers sent to NIPCCD with written promise of return to WCD. 61 of us — Lab Assistants/Attendants/Demonstration Officers — were dumped into FCI on “deemed deputation till further orders” with ZERO commitment. 2 years later, we’re in legal limbo. Is this not textbook Article 14 discrimination?*
On 22.12.2023, Ministry of WCD issued orders abolishing Food & Nutrition Board w.e.f 31.12.2023. Staff strength ∼200.
Here’s how WCD “rehabilitated” us:
Category Strength What WCD did
**MTS + Accounts staff** ~80 Absorbed in other Central Govt depts, mostly home state/nearby
**Group A Officers** ~60 Deputation to NIPCCD. Their orders say “will be taken back by WCD”
**Lab Asst/Lab Attd/Demo Officers** **61** Sent to FCI on 04.01.2024 as “deemed deputation till further orders”. No assurance of repatriation or absorption
*We are the only category with no exit plan.*
*Legal facts:*
1. *We’re still Central Govt employees*. Lien with WCD. No absorption order in FCI. Been 1 year 8 months only.
2. *DOPT OM 17.06.2010*: Max deputation = 5 years. But this isn’t normal deputation — our posts were abolished. SC _K. Rajendran v. State of TN_: Govt must redeploy or create supernumerary posts after abolition.
3. *Discrimination*: WCD had power + posts to absorb MTS/Accounts. WCD gave written guarantee to Group A. For us? Silence. _State of Kerala v. N.M. Thomas_: Can’t give benefit to one set, deny to similarly placed others.
4. *Current status*: 40 of us filed WP in Calcutta HC. Few in CAT. Govt reply = “under consideration” for 18 months. FCI now circulating “option for permanent absorption” forms to break our unity.
*The human cost:*
Most of us are Group C, Grade Pay 1900-2800. Age 35-50. Families uprooted from Shillong, Guwahati, Patna to FCI offices. No promotion channel, no seniority, no parent dept. We’re “deemed deputation” ghosts — WCD doesn’t own us, FCI won’t own us.
*What we need from legal eagles here:*
1. *Is this a slam-dunk Article 14/16 case?* The 22.12.2023 order itself creates 3 classes of FNB employees with unequal treatment.
2. *Best forum now?* Calcutta HC is slow. Should we move CAT Principal Bench Delhi for time-bound relief? Any SC SLP strategy?
3. *Interim relief*: Can we get HC to stay FCI absorption options + direct WCD to decide in 8 weeks? Citation for “till further orders” = malafide?
4. *Precedents*: Any post-BSNL case where “deemed deputation” after abolition was struck down? _FCI v. FCI Deputationist Assn, 1996_ helps us?
5. *If you were arguing this*: What would your 3-point winning argument be?
*We’re not asking for charity. We’re asking for equal treatment.* WCD found jobs for everyone except 61 lab staff. That’s not administrative exigency — that’s discrimination.
If you’re a service-law senior, CAT bar member, or someone who fought BSNL/DoT cases — please DM. We 61 families will fight, but we need the right legal weapon.
*Documents we have*: 22.12.2023 WCD order, all category-wise posting lists, RTI replies showing vacancies in WCD/ICDS.
Modi govt talks about “Minimum Government, Maximum Governance”. This is “No Government, Maximum Harassment” for 61 of us.
Yes, we have lawyers. But we need second opinions from the best. This case will set precedent for all future “abolish dept, dump staff” cases.
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