UNION OF INDIA Vs. R IIANTHIRAYAN

JUDGEMENT

(1.) Being aggrieved by the orders dated 14.12.2011 made in O.A.No.792 of 2011 on the file of Central Administrative Tribunal, Madras Bench quashing the order of the transfer of the 1st respondent to the Health Department i.e., IGGGH& PGI, Puducherry from the Department of Food & Drugs Testing, vide No.460/CS/H6/Health/2011 dated 14.6.2011 and the and also the Order of the Tribunal dated 14.06.2012 made in R.A.No.23 of 2012 in O.A.No.792 of 2011, Union Territory of Puducherry has preferred this writ petition.

(2.) It is the case of the first respondent that was appointed in the Public Health Laboratory under the Health Department, Government of Puducherry with effect from 3.4.1991. Vide G.O.Ms.No.08, Health Secretariat, dated 28.2.2011 the Government of Puducherry issued an order bifurcating the Food and Drugs Administration and Public Health Laboratory (Food and Drugs Analysis Unit) from the Directorate of Health and Family Welfare Department and set up Food and Drugs Testing as a separate Department. As such the first respondent was brought under the Department of Food and Drugs Testing under the direct control of the Health Secretariat and by virtue of his vast experience and qualification he has been retained all along in the Food and Drugs Testing Division. The Government of Puducherry has issued an order on 23.3.2011 appointing the 1st respondent to function as Public Analyst in the Andaman and Nicobar Administration Secretariat. The impugned order of transfer had been issued transferring the first respondent to the Health Department and posting him to the laboratory attached to a Hospital without obtaining his willingness is most arbitrary, discriminatory, illegal and against law. The first respondent is the senior most person in the present department of Food and Drug Testing and by transferring him to Health Department, he will be losing his status as senior most Bacteriologist and the status of functioning as Public Analyst. The impugned transfer order has been issued with malafide intention because earlier the first respondent filed O.A. for getting the benefit of ACP which was allowed by the Tribunal and the W.P filed against the order was dismissed by the High Court and since then the first respondent has been discriminated in all aspects and with ulterior motive to give undue advantage to the second respondent, who is junior most. Contending that the impugned transfer order is illegal and is liable to be quashed, 1st respondent filed O.A.No.792 of 2011.

(3.) According to the petitioners, the Government of Puducherry decided to set up a full fledged and combined Food and Drugs Laboratory in the Government for Food and Drugs Administration and Public health Laboratory were de-linked from the Directorate of Health and Family Welfare Services and declared as separate Department in the name of Department of Drugs Control, Department of Food Safety and Department of Food and Drugs Testing under the administrative control of Health Secretariat, with effect from the financial year 2011-2012 vide G.O.Ms.No.08 dated 28.2.2011 of the Health Secretariat, Puducherry. Though the Departments are separated, they are under the control of the Health Secretariat. The Director (Health) is the Cadre Control Authority to the common category posts like Bio-Chemist, Bacteriologist, Technical Assistant Senior Lab Technician, Senior Scientific Assistant, Lab Attendant, etc., which are existing in all the institutions of the Health Department and are belonging to transferable categories from one to another institution/office/ department as per the requirement and transfer policy in the public interest. As per the report/ recommendation of the Quality Council of India, the Bacteriologist, who is qualified in M.Sc., Microbiology should be posted in the Public Health Lab (Now Department of Food and Drugs Testing). The first respondent possesses M.Sc Degree in integrated Biology with Bio-Chemist as the optional subject. Hence, due to necessity and for obtaining accreditation, the first respondent was transferred to Government General Hospital, Puducherry (IGGGH&PGI) and the second respondent, who possesses the required M.Sc., Microbiology was transferred to Department of Food and Drugs testing vice versa and this is one of the arrangements as contemplated under para 5(vi) of the G.O. The seniority of first respondent among the three Bacteriologists is maintained and there is no monetary loss and he will not lose his career prospects. There is no bar for the 1st respondent to act as Public Analyst in respect of Andaman & Nicobar Administration, though he has been transferred to Government General Hospital, Puducherry.