KESHWANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition on behalf of a single petitioner was filed initially challenging the gradation list of Drug Inspectors of the 1972. -73 batch issued by the Joint Secretary in the Department of Health under his memo no. 1619(15), dated 30.9.1992 (Annexure 14). In this list the petitioner was shown, at serial no. 7, as junior to respondents 5 to 10. at serials 1 to 6 in the list.

(2.) EVENTS , taking place during the pendency of this writ petition made the petitioner file two amendment petitions, one in order to challenge notification, dated 14.10.1998 (Annexure 21) by which respondent no. 6, in addition to his substantive post of Drug Inspector, was given the additional charge of the post of Assistant Drugs Controller, Bihar; and the second for assailing the final gradation list of Drug Inspectors issued under notification, dated 27.2.2001 (Annexure ?9). In the final gradation list too the petitioner was shown at serial no. 12 junior to respondents 5 to 10 who were at serials 6 to 11. The first amendment petition was allowed by order, dated 19.4.1999 and the second amendment petition by order passed in course of final hearing of this case.

(3.) THE facts of the case are brief and without controversy. The Bihar Public Service Commission issued advertisement No. 79 of 1969 for filling up a single post of Chief Hospital Pharmacist. The minimum qualification for the post, as indicated in the advertisement, was a degree of B. Pharma from a recognised Indian University. The petitioner who was a candidate in response to the advertisement was selected and recommended for appontment by the Commission. Following the Commissions recommendation, the Deputy Secretary to the Government, acting on the order of the Governor, issued a notification under his memo no. 3177(2), dated 1.9.1970 (Annexure 1). By this notification, the Government, in exercise of its powers under section 21 read with section 3(e)(2) of the Drugs & Cosmetics Act, 1940, appointed the petitioner as Chief Hospital Pharmacist in the Darbhanga Medical College & Hospital on a temporary basis and for a period of six months from the date of his joining the post. It may be noted here that section 3(e)(ii) defines Inspector and Section 21 of the Act deals with the power of the Central Government or a State Government to appoint Inspectors by issuance of notification. Before completion of the period of six months the petitioner was posted on the temporary post of Chief Hospital Pharmacist on a regular basis with effect from 14.3.1970, by another notification, dated 8.3.1971 (Annexure 2), once again issued in exercise of powers under section 21 read with section 3(e)(2) of the Act.