KOUSAR ALI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners, who were working in various capacities with the Municipal Committees, were deputed by the respondents to undergo 'Food Inspectors Training Course' as in-service candidates and after the completion of the said training course from the 'State Food, Health Authority, Punchkula Haryana' were held eligible for adjustment as Food Inspectors in terms of Rule 8 of the Prevention of Food Adulteration Rules, 1955 (hereinafter for short 'the PFA Rules'), as well as the proposed recruitment rules, as is evident from the communication dtd. 22/7/2006. The petitioners were placed as In-charge Food Inspectors in their own pay and grade pending clearance by the Departmental Promotion Committee (hereafter for short 'the DPC') vide order dtd. 16/10/2006. Thereafter, vide SRO 132 dtd. 16/5/2008, the petitioners and the respondent No.3-Naeem Rizvi were appointed as Food Inspectors within the local areas as mentioned in the aforesaid SRO, in exercise of powers conferred by Sec. 9 of the Prevention of Food Adulteration Act, 1954 (hereafter for short 'the PFA Act').

(2.) The respondent No.3 herein-Naeem Rizvi filed a petition bearing SWP No.170/2010 for directing the respondents therein to regularize him as Food Inspector and also to promote him to the post of Executive Officer. The learned Writ Court, by virtue of an interim order dtd. 3/2/2010, directed the respondents to consider the representation of the petitioner (respondent No.3 herein) and also to consider his promotion as In-charge Executive Officer. As order dtd. 3/2/2010 was not implemented by the respondents, the respondent No.3 herein filed the contempt petition bearing No.46/2010.

(3.) The writ petition SWP No.170/2010 was disposed of by this Court vide order dtd. 27/7/2010, directing the respondents to confirm the petitioner (respondent No.3) against the post of Food Inspector within a period of eight weeks from the date a copy of the order was served upon the respondents therein and the petitioner (respondent No.3 herein) was held to be entitled to the grade of Food Inspector from the date he held the said post vide order dtd. 16/10/2006, provided there was no other impediment. Simultaneously, it was directed that after the respondent No.3 was confirmed as Food Inspector, his case for promotion to the higher post be considered alongwith other similarly situated employees of the department.