V. Manikandan v. Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No 33515 of 2017 V.Manikandan .. Petitioner -vs1. Union Territory of Puducherry, Rep. by its Chief Secretary to Government, Government of Puducherry, Puducherry.

2. The Secretary to Government, Health Department, Government of Puducherry, Puducherry.

3. Under Secretary to Government (Health), Government of Puducherry, Health Secretariat, Puducherry.

4. M.Balasoupramanien .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to notify the Rules and fill up the post of Drug Controller in terms of G.O.Ms.No.8 dated 28.2.2011 and the Government of India's directions so as to make functional the trifurcated departments in accordance with G.O. Ms.No.8 dated 28.2.2011.

For the Petitioner :

Mr.V.Vijay Shankar For the Respondents :

Mr.R.Sreedhar Additional Government Pleader, (Puducherry) for RR 1 to 3 :

Mr.V.Chinnasamy for R-4 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.V.Vijay Shankar, learned counsel for the petitioner, Mr.R.Sreedhar, learned Additional Government Pleader (Puducherry), for respondents 1 to 3 and Mr.V.Chinnasamy, learned counsel for respondent No.4.

2. The grievance of the petitioner was that respondent No.4 is not qualified for the post of Drug Controller. The learned counsel for the petitioner further submits that the respondent authorities have not yet notified the Rules to fill up the post of Drug Controller in terms of the Government Order dated 28.02.2011.

3. It is submitted by the learned counsel for respondent No.4 that respondent No.4 is transferred and is no longer holding the said post.

4. The learned Additional Government Pleader for respondents 1 to 3 submits that necessary rules have been framed and have been sent to the Union for sanction.

5. It is for the Union to consider the said rules expeditiously. With the aforesaid observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index : yes/no : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) To:

1. The Chief Secretary to Government Government of Puducherry, Puducherry.

2. The Secretary to Government, Health Department, Government of Puducherry, Puducherry.

3. The Under Secretary to Government (Health), Government of Puducherry, Health Secretariat, Puducherry.

20.06.2023