S. Zahir Hussain v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20972 of 2011 S.Zahir Hussain ..Petitioner vs 1.

Government of Tamilnadu, Rep.by its Principal Secretary and Food Safety Commissioner, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2.

The Director of Public Health and Preventive Medicine, DMS Compound, Chennai - 600 006.

3.

The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

4.

The Commissioner, Erode City Municipal Corporation, Erode - 1.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue teh petitioner forthwith the Food Inspection and Sampling Work Training Certificate, designate the Petitioner as Food Inspector from the date on which his batch mates were designated as Food Inspector and to include his name in the list and the notification containing the names of persons eligible for being appointed as Food Safety Officer at the appropriate place and promote him as Food Safety Officer based on his seniority, award costs and thus render justice.

For Petitioner :

M/s.A.L.Ganthimathi For Respondents :

Mrs.K.Bhuvaneswari Government Advocate for R1 to R3 Mr.P.Srinivas for R4

O R D E R

The relief sought for in this writ petition is for a direction to the respondents 1 to 3 to issue the petitioner forthwith the Food Inspection and Sampling Work Training Certificate, designate the petitioner as Food Inspector from the date on which his batch mates were designated as Food Inspector and to include his name in the list and the notification containing the names of persons eligible for being appointed as Food Safety Officer at the appropriate place and promote him as Food Safety Officer based on his seniority.

2.The writ petitioner is now working as Sanitary Inspector in Erode Municipality and claiming an appointment to the post of Food Safety Officer. The writ petitioner has raised the claim based on the Food Adulteration Act 1954 and the Rules issued thereon in the year 1955. However, this Court is of the opinion that the Food Safety and Standards Act 2006 was enacted and a new department was created namely Food Safety Department and a Commissioner is the Head of the Department. Section 37 of the said Act, provides Food Safety Officer. As per the said provision, the Commissioner of Food Safety shall, by notification, appoint such persons as he thinks fit, having the qualifications prescribed by the Central Government, as Food Safety Officers for such local areas as he may assign to them for the purpose of performing functions under this Act and the rules and regulations made thereunder.

3.The writ petitioner is working in Erode Municipality and now that a separate Department had been constituted as the Food Safety Department. The appointment to the post of Food Safety Officer is to be made in accordance with Section 37 of the above said Act by the Commissioner of Food Safety. Thus, the claim of the writ petitioner for appointment or promotion to the post of Food Safety Officer, cannot be considered. The writ petitioner is working in the Erode Municipality and the Commissioner of Food Safety is totally unconnected with the Department in which the writ petitioner is working. Thus, the claim for promotion or appointment to the post of Food Safety Officer cannot be considered by virtue of his services rendered in the Erode Municipality. Thus, the writ petitioner has not established any legal right so as to consider his claim for promotion to the post of Food Safety Officer.

4.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak To 1.

Principal Secretary and Food Safety Commissioner, Government of Tamilnadu, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2.

The Director of Public Health and Preventive Medicine, DMS Compound, Chennai - 600 006.

3.

The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

+1cc to M/s.A.L.Ganthimathi, Advocate, S.R.No.87611 +1cc to the Government Pleader, S.R.No.88126 W.P.No.20972 of 2011 CS/02/01/18