HUKAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Our this order will dispose of civil writ petitions 3723 and 8230 of 1995 as common questions of law and fact are involved therein.

(2.) The petitioners were privity to the above referred lis. The writ petition was dismissed on 1.5.1987 upholding the validity of withdrawal of food powers from the petitioner. This order was further affirmed by Hon'ble the Supreme Court on 16.9.1987 in a S.L.P. The State for reasons best known to them again conferred powers on the petitioners which resulted in withdrawal of powers by the impugned Notifications Annexure P9 which is pari materia with the earlier notification in all respects.

(3.) Learned counsel for the petitioners vehmently contended that since juniors are continuing with powers of Food Inspectors, in case of petitioners the same have been withdrawn, consequently the impugned order suffers from arbitrariness and discrimination. Since the policy of conferring the food powers is in the nature of procedural fairness the same has to be followed in its letter and spirits. The policy is binding in nature in its entirety and Food powers cannot be taken away from the petitioners. We may hasten to add that it was contended that in view of the reasons that powers were withdrawn from the petitioners as they refused to accept promotion outside the cadre for which they cannot be compelled apart from the fact that same question of law has been decided by the Hon'ble Supreme Court in State of M.P. and others v. Ramesh Kumar, 1995 4 SCT 330