LOTIKA KHAJURIA vs STATE & ANR

This is an application filed by one Irfana Ahmad for being impleaded as a party respondent in the writ petition bearing SWP No. 580/2018.

In the writ petition, the petitioner challenges the order dated 22.3.2018 passed by the Govt. whereby respondent No. 2-Nazir Ahmad Wani has been

given the temporary charge of Controller, Drugs and Food Control Organization, J&K in place of the petitioner.

The petitioner, in the petition, has set up a case that the order impugned has been passed in violation of the directions passed by the Division bench

of this court in LPASW No. 11/2015, which directions are reproduced hereunder:Â

“We for the reasons discussed dispose of both the LPAs with following directions:-

a. The State Public Services Commission shall, immediately after it is constituted, accord consideration to the proposal received from respondents for

filling up the posts of Deputy Controller, Drugs and Food Control Organization on substantive basis and conclude the matter latest by eight weeks after

the Commission is constituted.

b. The respondents, once the posts of Deputy Controllers are filled up on regular basis shall accord consideration to the eligible Deputy Drugs

Controllers for filling up the post of Controller, Drugs and Food Control Organization, and complete the process within eight weeks, after Deputy Drug

Controllers are in place on substantive basis.

c. The respondents shall within four weeks, from today, accord consideration to all the In-charge Drugs Deputy Controllers in accordance with the

rules, regulations, Government instructions issued in this Behalf, for placement of one of them as In-charge Controller, Drugs and Food Control

Organization and the officer so placed shall hold such position till the State Government on recommendation of PSC takes a decision as regards filling

of posts of Deputy Controllers on substantive basis.Â

d. The respondents for the intervening period, i.e., the date posts of the Deputy Drug Controller are filled up on Substantive basis and the date Post of

Controller Drugs is so filled up, shall give the stop-gap charge of Controller Drugs to senior most Deputy Drug Controller. However, the

arrangement shall not extend beyond the period of eight weeks, and as by that time Controller Drugs must necessary be in place.â€​

According to the case set up in the writ petition, the official respondent at the pain of contempt was forced to implement the directions issued by the

Division Bench of this court and finally, the Govt. vide Order No. 817HME of 2015 dated 22.12.2015 had placed the petitioner, who was then working

as Incharge Deputy Controller, as Controller, Drugs and Food Control Organization.

Reference was made to the said order dated 22.12.2015 to suggest that even according to the said order, the Govt. after taking into consideration

the order passed by a Coordinate Bench of this court in SWP No. 2220/2012, which had prohibited Irfana Ahmad-applicant herein for consideration

for further promotion, had found the petitioner, Lotika Khajuria as the most suitable candidate for placement as Controller, Drugs and Food Control

Organization. Respondent No. 2-Nazir Ahmad was found to be junior to the petitioner herein. According to the writ petitioner, the official

respondent has yet again passed the order impugned dated 22.3.2018 in violation of the directions issued by the Division Bench.

In the backdrop of the aforementioned controversy, the present application has been filed by the applicant-Irfana Ahmad, seeking impleadment as a

party respondent in the writ petition bearing SWP No.580/2018.

It was stated that since the applicant-Irfana Ahmad also is in the race for the post of Controller Drugs and Food Control Organization, therefore, it

would only be proper to implead her as a party respondent so that while dealing with the present controversy, the entire factual matrix is placed before

the court for proper adjudication.Â

Counsel for the non-applicant/petitioner as also private respondent No. 2 have vehemently opposed the application for impleadment. Â

It was stated that the applicant-Irfana Ahmad, in fact, was neither a necessary nor a proper party and that the matter could be adjudicated in the

absence of the applicant. Â

It was also highlighted that in case the applicant had any stake in the matter for the post of Controller, then she ought to have also challenged the

order dated 22.12.2015 passed by the Govt. whereby the petitioner had been placed as Controller, Drugs and Food Control Organization.

It was further urged that in any case till such time as the order dated 4.10.2012, which has since been extended from time to time in SWP

No.2220/2012 remained, no benefit would flow to the applicant and therefore, the contest was essentially one between the petitioner and the private

respondent No. 2.

There is merit in what is stated by the non-applicant/petitioner as also private respondent No. 2. Â

The applicant had never challenged the order dated 22.12.2015 whereby the petitioner was placed as Controller, Drugs and Food Control

Organization, J&K, which order was passed in compliance to the directions of the Division Bench dated 13.5.2015. In any case, as was stated by

the counsel for the non-applicants, till such time as the prohibitory directions passed in SWP No. 2220/2012 remains in operation, the applicant cannot

be considered for the said post.

Be that as it may, in my opinion, the application for impleadment is misconceived and is accordingly dismissed.

List the main petition on 23.4.2018 along with SWP No. 2220/2012. Meanwhile, interim direction to continue till next date of hearing.