SH. J.P. SHARMA Vs. LT. GOVERNOR OF DELHI AND ANOTHER

JUDGEMENT

(1.) This writ petition was filed under Art. 226 of the Constitution of India seeking directions to the respondents to reinstate the petitioner from which post he was suspended and all necessary benefits should be granted to the petitioner.

(2.) The facts, in brief, leading to the filing of the writ petition are that the petitioner joined the service under the erstwhile Delhi Municipal Committee in 1952 as Laboratory Assistant and promoted as Chemist in 1956 and as Senior Chemist in 1967 and was confirmed in that post in the year 1975. In the meanwhile, with effect from April 1, 1958, Delhi Municipal Committee was taken over by the Municipal Corporation of Delhi under the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'the Act'). Under Sec. 8 of the Prevention of Food Adulteration Act, 1954, the petitioner and one Shri P.P. Bhatnagar were appointed as Public Analysts for the Union Territory of Delhi vide notification dated May 17, 1976. On Nov. 16, 1976, Shri Bhatnagar was suspended and a notification was issued dated Dec. 20, 1976, under Sec. 8 of the Food Adulteration Act giving the work of Shri Bhatnagar also to the petitioner. The Administrator of Delhi on March 1, 1977, passed an order that the entire work relating to the implementation of the provisions of the Prevention of Food Adulteration Act be taken over by the Delhi Administration and the Food Laboratory, which was under the control of the Municipal Corporation of Delhi, was placed under the charge of the Secretary (Medical). The petitioner is stated to have continued to hold the post of Public Analyst under Delhi Administration after this work of prevention of food adulteration was taken over from the Municipal Corporation of Delhi. It appears that the Delhi Administration issued public notice dated May 27, 1978, for filing the post of Public Analyst and invited applications. The petitioner, who was already holding the post of Public Analyst under the Municipal Corporation of Delhi and which was taken over by the Delhi Administration and other employees working in the Food Adulteration Department of Municipal Corporation of Delhi who have also come under the employment of Delhi Administration jointly filed a writ petition, after their representations to the Delhi Administration for not filling his post by any other source went unheeded, challenging the act of the Delhi Administration for filling this post by any other source. It was pleaded in the writ petition that as the staff of the Municipal Corporation of Delhi working in the Prevention of Food Adulteration Department was taken over by the Delhi Administration vide policy decision dated March 1, 1977, the petitioner became an employee of Delhi Administration and was holding the post of Public Analyst. So, no such post could be filled in from any other source by the Delhi Administration. A show cause notice was issued in the writ petition. In the meanwhile, the Delhi Administration took steps to appoint Shri P.P. Bhatnagar, whose suspension had been revoked, as Public Analyst in place of the petitioner. Shri P.P. Bhatnagar was reinstated in April 1977 by the Municipal Corporation of Delhi.

(3.) The petitioner filed another writ petition in the High Court seeking directions to the respondents not to appoint Shri Bhatnagar in place of the petitioner as Public Analyst. The said petition was admitted for hearing and the High Court had granted stay of operation of the order of the Delhi Administration during the pendency of the writ petition. However, the stay was vacated vide order dated Oct. 9, 1978, making it clear that whatever action is taken by the Administration would be subject to the ultimate decision in the writ petition