Sudhir Agarwal - (1.) THE petitioner, Pankaj Kumar, working as a Food Inspector, has come to this Court under Article 226 of the Constitution of India aggrieved by the seniority list dated 17.6.2008 (Annexure-1 to the writ petition) issued by the State Government determining inter se seniority of Chief Food Inspectors/Food Inspectors in accordance with U.P. Government Servant Seniority Rules, 1991 (hereinafter referred to as the "Seniority Rules, 1991") read with U.P. Food Inspector (Medical Health and Family Welfare Department) Service Rules, 1992 (hereinafter referred to as the "Food Inspectors Service Rules, 1992") wherein the petitioner has been shown at Serial No. 216. He has also challenged the promotion letter dated 19.4.2010 (Annexure-19 to the writ petition) whereby promotions from the post of Food Inspectors to the post of Chief Food Inspector have been made. A perusal of the aforesaid order shows that 51 persons have been promoted to the posts of Chief Food Inspector in the scale of Rs. 9300- 34800.
(2.) THE facts, in brief, giving rise to the present dispute are as under. The necessity of appointing Food Inspectors said to have arisen by virtue of Section 9 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "1954 Act") which empowers the Central Government or the State Government to appoint such persons as it thinks fit having prescribed qualification to be the "Food Inspector" for such local arias as may be assigned to them by the concerned Government. The Food Inspectors, so appointed are assigned several duties under the provisions of 1954 Act and the rules framed thereunder. Till 1992 no separate rules governing recruitment and conditions of service of Food Inspectors were framed. It was governed by the general rules applicable to the Government employees of equivalent rank and status. For the first time, the statutory rules namely, Food Inspectors Service Rules, 1992 were framed and published in the gazette dated 24.4.1993. The service consists of Food Inspectors, Medical Health and Family Welfare Department. It has two cadres namely, Food Inspector and Chief Food Inspector. Source of recruitment for the post of Food Inspector is 100% by direct recruitment through U.P. Subordinate Services Selection Commission (hereinafter referred to as the "Commission"). The post of Chief Food Inspector is to be filled in by promotion from amongst substantively appointed Food Inspectors. The criteria for promotion is seniority subject to rejection of unfit through a selection committee constituted as per "U.P. Constitution of Departmental Promotion Committee for Post Outside the Purview of Service Commission Rules, 1992".
(3.) IN 1996, Commission advertised certain posts of Food INspectors for direct recruitment. 506 candidates were declared successful. The petitioner is said to be at Serial No. 174 in the merit list of general candidates published by the Commission. Consequent to the aforesaid selection, appointment letters were issued to the petitioner and others on 9.11.1998. The petitioner joined on the post of Food INspector on 18.11.1998 in District Badaun. vide order dated 15.6.2005 the petitioner and a number of Food INspectors were confirmed. It is said that the letter of appointment issued to petitioner and other selected candidates require them to join by 10.12.1998 failing which their candidature was likely to be cancelled treating as if they are unwilling to join on the post of Food Inspector. Para 8 of the appointment letter also states that the seniority of selected candidates shall be determined later on according to the merit list received from the Commission. The appointments were made on a probation of two years and subject to result of Writ Petition No. 1663 of 1983, U.P Health Inspectors Association v. State of U.P., Writ Petition No. 9809 of 1997, Dhanesh Dube v. State of U.P. and Writ Petition No. 27853 of 1997, On? Prakash Singh v. State of U.P. and others.;