A.Senkathir, v. The Government Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.Senkathir ..
Petitioner Vs.
1. The Government of India Rep. by its Secretary to Government Ministry of Health & Family Welfare Nirman Bhavan, Moulana Azad Road New Delhi 110 011.
2. The Government of India Rep. by its Secretary to Government Ministry of Personnel, Public Greivances & Pensions Department of Personnel & Training North Block New Delhi 110 001.
3. The Chairman Union Public Service Commission Tholpur House Shahjahan Road New Delhi 110 069.
4. The Director General of Health Services FDA Bhavan, ITO Kotla Road New Delhi 110 002.
5. The Drugs Controller General of India Food & Drugs Administration Bhavan ITO, Kotla Road New Delhi 110 002.
6. The Deputy Drugs Controller (I) Zonal Office Haddows Road, Shastri Bhavan Annex Nungambakkam Chennai 600 034.
7. Sanjeev Kumar
8. Swati Shrivatsava ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration declaring that the Central Drugs Standard Control Organisation [Deputy Drug Controller (I)] Recruitment Rules, 1990 as ultra vires, illegal and unconstitutional in so far as prescription of qualification for promotion to the post of Deputy Drug Controller (I) and consequently directing the respondents to notify the amended Recruitment Rules approved by Union Public Service Commission and to promote the Petitioner to the post of Deputy Drug Controller (I) based on such eligibility and seniority on par with juniors with all consequential and other attendant benefits including arrears of salary.
For the Petitioner : Mr.J.Jayamallan For Mr.S.Balasubramanian For the Respondents : Mr.C.Samivel, SPCGSC for Respondents 1, 2 & 4 to 6 Mr.R.Vijayakumar For Mr.Priya Kumar for Respondent-3
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.J.Jayamallan, learned counsel for the petitioner, Mr.C.Samivel, learned Senior Panel Central Government Standing Counsel for the respondents 1, 2 and 4 to 6 and Mr.R.Vijayakumar, learned counsel for the third respondent.
2. The petitioner is challenging the Central Drugs Standard Control Organisation [Deputy Drug Controller (I)] Recruitment Rules, 1990.
3. It is submitted that the said Rules have undergone further amendment. The petitioner is promoted in June, 2021.
4. Learned counsel for the petitioner submits that the petitioner is seeking promotion from an earlier date. He submits that the petitioner may be given liberty to raise the plea that he is entitled to promotion from an earlier date, in an independent proceedings.
5. As the main challenge to the validity of the provision has been rendered infructuous, in view of the subsequent amendment, the writ petition is disposed of. The petitioner may raise the plea with regard to the due date of promotion, as may be permissible under law, in an appropriate proceedings. There will be no order as to costs. Consequently, WMP Nos.27034 and 27035 of 2016 are closed. (S.V.G., CJ.) (P.D.A., J.) 21.06.2023 Index :
Yes/No :
Yes/No kpl
To
1. The ecretary to Government Ministry of Health & Family Welfare Nirman Bhavan, Moulana Azad Road New Delhi 110 011.
2. The Secretary to Government Ministry of Personnel, Public Greivances & Pensions Department of Personnel & Training North Block New Delhi 110 001.
3. The Chairman Union Public Service Commission Tholpur House Shahjahan Road New Delhi 110 069.
4. The Director General of Health Services FDA Bhavan, ITO Kotla Road New Delhi 110 002.
5. The Drugs Controller General of India Food & Drugs Administration Bhavan ITO, Kotla Road New Delhi 110 002.
6. The Deputy Drugs Controller (I) Zonal Office Haddows Road, Shastri Bhavan Annex Nungambakkam Chennai 600 034.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 21.06.2023