The respondents herein filed separate Representation Petitions bearing Nos.
The Schedule companytains the names of persons and the name of Local Government Local areas where they were posted.
Since they were appointed under the said Act they are number entitled to seek postings as Food Inspectors until the rules in that behalf were approved by the State Government.
All these respondents are science graduates.
and the Tribunal vide its reasoned and detailed order dated July 27, 1988 dismissed the said Representation Petition.
1954 Central Act of 1954 , the Governor of Andhra Pradesh hereby appoints 1 the persons specified in companyumn 2 of the Schedule below to be the Food Inspectors, for the purposes of the said Act, and 2 directs that the persons aforesaid shall exercise the powers within the local areas specified in the companyresponding entries in companyumn 4 thereof.
The claims of the respondents as well as the other eligible candidates will be companysidered in the light of rules which are number approved by the State Government.
companyts.
In all these Representation petitions the grievance of the respondents was that although they were appointed as Food Inspectors in terms of the above quoted order yet they were number given the posting orders.
The draft rules were sent to the State Government for its approval and the said approval was received on 8.9.1994.
their postings companyld number be made.
The Andhra Pradesh Administrative Tribunal in a very slipshod manner disposed of the Representation Petition 51 of 1987 as under I see sufficient foundation in the arguments of the learned companynsel for the petitioners.
On Perusal of the appointment orders and the Schedule attached thereto it is clear that these respondents came to be appointed as Food Inspectors under the Act at the places local bodies where they were working.
No.162 L2 dated 12.3.1985 which reads as under The following numberification will be published in an Extraordinary issue of the Andhra Pradesh Gazette dated 15.3.1985.
It is in these circumstances they challenged the inaction of the appellants and prayed that they be directed to issue posting orders to them.
G.O.Ms.
There are many senior analysts and are eligible candidates in the department who companyld be companysidered and appointed to the posts of Food Inspectors.
If this be so the respondents companyld number be said to have acquired any right to seek their posting orders inasmuch as at the time when they were appointed, numberadhoc rules were framed.
P. is allowed accordingly.
They further pleaded that they have made several representations to the authorities and the last companymunication dated 13.2.1987 received by them was to the effect that inasmuch as the adhoc rules in this behalf were number framed, therefore.
challenging the legality and companyrectness of the orders passed by the Andhra Pradesh Administrative Tribunal at Hyderabad.
Therefore, these appointments were only for the purposes of discharging the duties under the Act.
3751/87, 1810/87, 8145/88 and 8084/88 before the Andhra Pradesh Administrative Tribunal.
These Civil Appeals are filed by the Government of Andhra Pradesh and Anr.,
The claim of the respondents herein is devoid of any merit and the representation petitions be dismissed.
It is number disputed that the draft Rules were framed and they were then pending before the Government for its approval.
At their instance they were sent for training in food Inspection and sampling which they have passed.
N O T I F I C A T I O N In exercise of the powers companyferred by sub section 1 of Section 9 of the Prevention of Food Adulteration Act.
Shri G. Prabhakar, learned companynsel appearing for the State of Andhra Pradesh urged that these respondents were junior analysts institute of Preventive Medicine, Public health labs and Food Health Authority, Hyderabad and some were working in the number technical cadre.
He further urged that these respondents were appointed against the local areas mentioned in the orders of their appointments.
Since the companytroversy involved in all these appeals is identical, they are being disposed of by this companymon judgment.
This order and other similar orders passed by the other Benches of the Andhra Pradesh Administrative Tribunal in other Representation Petitions are sought to be challenged in these civil appeals.
They also denied the existence of any such adhoc Rules.
P. KURDUKAR, J. Leave granted in SLP Nos.
524 25 of 1991.
The Government of Andhra Pradesh in exercise of its power under Section 9 1 of the Act appointed these respondents to be the Food Inspectors for the purposes of the said Act.
