UMA KANT DUBEY Vs. CHAIRPERSON

JUDGEMENT

(1.) Petitioners in these writ petitions were appointed by the Statutory Authority under The Protection of Plant Varieties and Farmers' Act, 2001(PPV & FR Act). Pursuant to advertisements issued, petitioners appeared before the Selection Committee and petitioners were thereafter appointed as Senior Technical Officers. The respondents however issued a show cause notice/office memo dated 15/18.06.2012 stating that since the appointments of the petitioners were in violation of Rule 20 of The Protection of Plant Varieties and Farmers Rights Rules, 2003, action will be taken in accordance with the rules. Obviously, this action was to terminate the services of the petitioner. The petitioners have, therefore, approached this Court for quashing of the memo dated 15/18.06.2012 and for regularization of their services.

(2.) Counsel appearing for the respondents points out the difficulty of the authority because of the Rule 20 of the Rules and which reads as under:-

(3.) Learned counsel for the petitioner has in response pointed out Section 6 of The Protection of Plant Varieties and Farmers' Rights Act, 2001 and as per which authorities may appoint various officers and employees who are necessary for the efficient performance of its functions. It is argued that this section does not state that the Authority cannot increase its sanctioned posts so as to perform various functions as required by the Authority under the Act except by amendment in the 4th Schedule.