CHANDRA NATH BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of a common judgment and order dated 7.9.96 passed by a learned Single Judge of this Court in Civil Rule Nos. 5458/95, 144/96, 444/96 and 1563/96, thereby allowing the last petition and dismissing the others.

(2.) The dispute relates to promotion and appointment to the post of Drugs Controller of the State and the controversy as raised by the writ petitioner in Civil Rule No. 1563/96 (which has been allowed by the learned Single Judge) relates to Rule 11 of the Assam Drugs Control Organisation Service Rules, 1994 (for short Assam Rules, 1994) vis-a-vis Rule 44,49A and 50 of the Drug and Cosmetic Rules, 1945 (for short Central Rules),Rule 11 of Assam Rules, 1994 has been declared ultra vires the Constitution, violative of Arts. Hand 16 of the Constitution.

(3.) It would not be out of place to note the factual matrix of the case. The Association of Inspectors of Drugs, Assam represented through its President had filed a Writ petition (Civil Rule No. 5458/95 on 18.12.95 praying for a Writ or direction to the State to fill up the post of Drugs Controller as per the Assam Rules, 1994 from amongst the persons working in the Drugs Control organisation and further seeking to restrain the State Govt. from giving any further extension of service to the then incumbent whose extended term after retirement on 31.1.95 was to expire on 31.1.96. This petition has been dismissed as infructuous by the learned Single Judge in view of the interim restraint order dated 20.12.95.