Creation Of Posts Within Govt’s Domain: HC

SRINAGAR — Creation of posts is within the domain  of the Government to be made in terms of the requirement, the J&K High Court has said as it rejected a plea by some Food Inspectors in the Drugs and Food Control Organization against the creation of the post by the Government in the Organization.

A bench of Justice Ali Mohammad Magrey passed the orders after hearing counsel for the petitioner and additional advocate general for the government.

The petitioners, working as Food Inspectors in the Drugs and Food Control Organization, had filed petition against the creation of the post by the Government in Drug Organization made by the Government vide Order No. 638-HME of 2018 dated 26 November 2018.

The Petitioners said they are also aggrieved of the action of the government in having the posts re-designated as Food Safety Officers in tune with the mandate of the application of the Food Safety Standard Act and Rules 2006.

The petitioners submitted that there are having hardly any chances of their promotions in view of the non-availability of section posts, therefore, seek creation of further posts.

“Creation of posts is within the domain the Government to be made in terms of the requirement. Petitioners cannot claim creation of the post as a matter of right for their further benefit. Petitioners are entitled to the benefit which are accrued to them in terms of the service recruitment rules,” the court said.

“It is submitted that proposal for change in nomenclature is lying with the Government. No relief with reference of creation of the post can be granted,” the court said. However while disposing of the petition the court directed the government to consider the proposal of the Commissioner Food Safety made on 17 October 2018 for change in nomenclature in tune with the mandate of the law. 

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