B.Sankar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21498 of 2015 1 B.Sankar 2 J.Sakthiumaibalan 3 N.Sathish Kumar 4 L.Subburayalu 5 V.Sugumar 6 P.Kannan 7 R.Sakthivel 8 B.Prabhu 9 S.Roberty Ramesh 10 S.Gnanaprakasam 11 T.Suresh 12 P.Kuppamuthu 13 A.Subramanian 14 K.B.Revathi 15 A.Gunaseelan 16 T.Balaguru 17 V.Veramani 18 P.Perumalsamy 19 A.Balan 20 S.Selvarani 21 S.Martin De Porres 22 S.Prabhu 23 V.Aravind 24 T.Palanimurugan 25 J.Gurusamy 26 P.Gopalakrishnan 27 S.Ramaiah ... Petitioners Vs.
1. The Secretary to Government of Tamilnadu Department of Health Fort St. George, Chennai-9
2. The Commissioner of Food Safety No.359 Annasalai Chennai-6
3. The Secretary to Government of Tamilnadu Municipal Administration and Water Supply Department Fort St. George Chennai-9
4. The Director of Public Health and Preventive Medicine No.359 Anna Salai
5. The Commissioner Chennai Corporation Chennai ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to consider and appoint the petitioners herein as Food Safety Officers against the existing vacancies in the light of the proposals sent by the 5th respondent dated 31.1.2012 and the proceedings of the 3rd respondent dated 24.3.2014.
For Petitioners : Mr.V.Vijay Shankar For Respondents : Mrs.M.E.Rani Selvam for R1 to R4 Additional Government Pleader Mr.S.Saravanan for R5
O R D E R
Heard both sides. By consent the writ petition is taken up for final disposal. In view of the narrow prayer made during the hearing, the writ petition is disposed of at the admission stage itself.
2.The Deputy Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009, in her letter no.24550/MC-III/2011-8 dated 24.03.2014 to the Commissioner, Department of Food Safety, DMS Campus, No.39, Annasalai, Teynampet, Chennai - 600 006 who is the second respondent herein has stated as follows:
"I am directed to invite your attention to the references cited.
2) In the representation second cited, Food Inspectors of Corporation of Chennai has stated
that, out of 62 Food Inspectors in Chennai Corporation 25 have already been selected as Food Safety Officers as per the Food Safety and Standard Act 2006, vide proceedings of the Commissioner, Tamil Nadu Food Safety and Drug Administration Department, Chennai. Now the remaining 37 Food Inspectors of Chennai Corporation have requested the Government to recommend their names to the Department of Tamil Nadu Food Safety and Drug Administration for taking up the post of Food Safety Officers. The Principal Secretary/ Commissioner, Corporation of Chennai has also recommended the above proposal to the Government.
3) I am therefore directed to request you to offer your remarks for appointing the 37 Food Inspectors of Chennai Corporation as Food Safety Officers in your department, to the Government, immediately. This issue is pending very long time."
3.In view of the same, this writ petition is disposed of directing the respondents 1 and 2 to pass appropriate orders thereon on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pri To
1. The Secretary to Government of Tamilnadu Department of Health Fort St. George, Chennai-9
2. The Commissioner of Food Safety No.359 Annasalai
3. The Secretary to Government of Tamilnadu Municipal Administration and Water Supply Department Fort St. George Chennai-9
4. The Director of Public Health and Preventive Medicine No.359 Anna Salai
5. The Commissioner Chennai Corporation Chennai +1cc to Mr.V.Vijay Shankar, Advocate, S.R.No.36625 +1cc to the Government Pleader, S.R.No.36689 W.P.No.21498 of 2015 BR(CO) CA(28/07/2015)