IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 815 of 2006(B)
1. A.K.NARAYANAN, CHIEF FOOD INSPECTOR,
... Petitioner
Vs
1. REJI C.GEORGE, DISTRICT FOOD INSPECTOR,
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
3. THE STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.K.RAMAKUMAR
For Respondent :SRI.T.A.SHAJI
The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :25/01/2007
O R D E R
K.A.ABDUL GAFOOR &
K.R. UDAYABHANU, JJ.
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W.A.NOS.815 & 1312 OF 2006
============================
DATED THIS THE 25th DAY OF JANUARY 2007
JUDGMENT
Abdul Gafoor,J.
The Government as well as the second respondent in the
writ petition are aggrieved by the judgment in W.P.(C)
27679/2005 whereby Ext.P7 has been quashed directing the
Government to consider the matter again. The fact position of
the case is as follows:
2. The writ petitioner Regi.C.George was a Food Inspector.
He was promoted to the post of Chief Food Inspector and he is
occupying the promotion post since 27-5-2000, though there is
allegation that he was occupying that post on officiation even
earlier. While posting him as Chief Food Inspector, his junior
was posted as District Food Inspector, the category to be filled
up by transfer of the incumbents working in the category of the
W.A.NOS.815&1312/2006 -2-
Chief Food Inspector. The appointment by transfer is regulated
by Rule 28(b) of the Kerala State & Subordinate Service Rules.
Necessarily the incumbent to be posted by transfer shall be
suitable senior most incumbents in the category of Chief Food
Inspector. Therefore, the Government found it erroneous to
retain Regi.C.George as Chief Food Inspector and his junior as
District Food Inspector and accordingly rectified that error by
posting Regi.C.George as District Food Inspector. According to
him, he had already relinquished the posting as District Food
Inspector. But this was disputed by the Government stating that
there was no relinquishment letter in advance before such
posting. Anyhow he approached this Court aggrieved by his
posting as District Food Inspector. This Court directed
consideration of the matter by the Government and the
Government passed Ext.P5. The relinquishment was rejected.
This was again challenged before this Court by filing a writ
petition which resulted in Ext.P6 judgment wherein fresh
consideration was directed. In Ext.P6 judgment it was directed
as follows:
“In such circumstances, the writ petition is
W.A.NOS.815&1312/2006 -3-
disposed of with a direction to the first
respondent to consider and pass orders on
Exts.P13 and P14 in accordance with law.
No doubt learned counsel for the petitioner
referred to the provisions of Rule 38 of the
K.S.& S.S.R., which provides that a
relinquishment can be rejected only on the
reasons of public interest. If the
relinquishment given by the petitioner is
accepted, then there will be a further
direction that the petitioner shall be posted
back as Chief Food Inspector, Mobile
Vigilance Squad, Kozhikode and the second
respondent shall be placed back as District
Food Inspector, Wayanad. A decision in
this regard shall be taken within a period of
four weeks from the date of receipt of a
copy of this judgment.”
In Ext.P7 again the relinquishment has been rejected in the
following lines:
“As per Rule 38 of the K.S.& S.S.R,.a
relinquishment can be accepted only if it is
not opposed to public interest. Order
number referred to as fourth paper above
W.A.NOS.815&1312/2006 -4-
was issued to rectify the irregularities in
order No.read as 1st paper above. It is done
on public interest. Sri.Regi.C.George had
accepted the grade promotion in the post of
Food Inspector on condition that he will not
relinquish promotion in the normal line as
per the condition for giving grade
promotion. Hence the relinquishment
request of Sri. Regi.C.George is rejected
and the status quo as ordered in Order
No.EG1-24854/05/DHS dated 20-05-
2005 is maintained.”
This was challenged in W.P.(C)No.27679/2005 by Regi.C.George
again contending that the rejection of the relinquishment is not
in public interest as required in Rule 38 of the General Rules in
K.S.& S.S.R., but because of the fact that he had obtained grade
promotion while working as Food Inspector with the condition
that he will not relinquish regular promotions. According to him,
further promotion was to the post of Chief Food Inspector which
he accepted. The post of District Food Inspector is yet another
category, though on the same scale of pay to be filled by
appointment on transfer from Chief Food Inspector. Therefore,
W.A.NOS.815&1312/2006 -5-
that cannot be a reason to reject the relinquishment.
3. The portion extracted in Ext.P7 impugned order as
above does not spell out the germane consideration in terms
of Rule 38 of the General Rules as to whether it was in public
interest. Consideration of public interest in a posting like this
shall reflect the following aspects generally.
a) whether experience in working as Chief Food Inspector
is essential for being posted as District Food Inspector for
efficient and effective administration of the department and
whether that will have to be the prime most consideration of
public interest.?
b) Continuance of an incumbent in the post for long as
Chief Food Inspector will be conducive to public interest.
c)Whether the relinquishment of the post of District Food
Inspector by one incumbent resulting in another being
retained as District Food Inspector is conducive to public interest.
4. Other aspects also may arise in public interest. Nothing
of that sort is reflected in Ext.P7. In such circumstances, it is
only appropriate that the Government shall consider all the
above aspects and any further aspect germane to public interest
W.A.NOS.815&1312/2006 -6-
and pass fresh orders within two months from the date of
receipt of a copy of this judgment.
Pending consideration by the Government, status quo as
on today with respect to the parties in the Writ appeal shall be
maintained. The posting of incumbents shall also be based on
the norms. The writ appeal is disposed of accordingly.
Sd/-
K.A.ABDUL GAFOOR
JUDGE
Sd/-
K.R.UDAYABHANU,
JUDGE
ks.