NAZIR AHMAD WANI Vs. STATE AND ORS.

JUDGEMENT

(1.) The writ petitioner, a Senior Drug Inspector in the respondent department, came to be selected/appointed as Assistant Drug Controller, being at S.No.1 in the Waiting List. The respondent No.2, who was appointed as a selected candidate against the said post, was on deputation in the State Aids Control Society Union Territory, Chandigarh at the relevant point of time. Subsequently, the petitioner was given the additional charge of the post of Controller of Drugs and Food Control Organization, and vide Govt. order No. 550-HME of 2014 dated 01-10-2014, he came to be promoted as Deputy Controller Drugs.

(2.) The respondent No.2, being aggrieved of the order, challenged the same before the writ court through SWP No. 2878/2014 and obtained an interim stay on 14-10-2014. It is stated that the said writ petition came to be dismissed on 24th of November, 2014 and the impugned order dated 01-10-2014 was kept intact with some time bound restrictions. Both the petitioner as also the respondent No.2 assailed the order/judgement dated 24-11-2014 by the medium of LPA NOs. 11/2015 and 01/2015, which were decided on 13th of May, 2015 by a common judgement modifying the time bound conditions/restrictions imposed in the order of the writ Court dated 24-11-2014. It is further stated that the petitioner thereafter filed a review petition against the Division Bench order, which too came to be disposed of on 26-05-2015 with the observation that the petitioner has an edge, experience-wise, over the respondent No.2 and the official respondents were directed to consider the same at the time of passing any order. However, the direction was totally ignored by the respondent No.1, who issued an order bearing No. 817-HME of 2015 dated 22-12-2015, pursuant to which the respondent No.2 was given the temporary charge of the post of Controller Drugs, already held by the petitioner. It is further stated that by the dint of the Govt. order No. 388- HME of 2016 dated 05-07-2016, the petitioner, who had proceeded on protest leave for six months, came to be deputed to J&K Medical Supplies Corp. Ltd. and was posted as Incharge Quality Control Cell. It is further contended that the respondent No.1, being dissatisfied and dismayed by the performance of the respondent No. 2 as Incharge Controller of Drugs, passed an order dated 22-03-2018, which had the effect of recalling the petitioner from deputation and he was given the temporary charge of Controller Drug and Food Control Organization.

(3.) It is further pleaded that the respondent No.2 again approached the Court by the medium of SWP No. 580/2018 and called in question the aforesaid order dated 22-03-2018 and the writ Court, vide its order dated 23-03-2018, restrained both the respondent No.2 and the petitioner to hold the charge of Controller Drugs and Food Control Organization, till next date of hearing. The matter came up before the Court thereafter on several occasions but the interim direction was not extended. It is further averred that in opposition to the writ petition (SWP 580/2018), the respondent No.1 vehemently objected the contentions raised by the respondent No.2 therein, challenging the Incharge position of the petitioner. It was specifically averred that the Govt. order No. 201-HME of 2018 dated 22-03-2018 has been passed in the public interest and the petitioner, in view of his past performance, experience and efficiency, has been made as Incharge Controller of Drugs.