IMPORTANT POINT
Transfers on deputation made against equivalent posts, in which the deputationist neither any legal right to deputed post nor right to be absorbed in deputed post, since deputation does not result in recruitment and incumbent continues to be member of parent service.

ORDER

The above writ petitions are preferred by the petitioners primarily challenging the validity of the order of repatriation dated 20.6.2014 whereby the petitioners have been repatriated to the parent Department of Health and Family Welfare from their current post of Designated Officers and the subsequent order of the Karnataka Administrative Tribunal, dated 15.12.2014 passed in Application Nos. 5036 to 5055 of 2014 connected with Application No. 5253 of 2014, which is produced as Annexure-A to the writ petitions. The Tribunal has confirmed and upheld the impugned proceedings.

2. The claim of the petitioners is that, they have been appointed as Designated Officers under the Food Safety and Standards Act, 2006, a Central Enactment for the purpose of regulating and laying down science based standards for articles of Food and to regulate their manufacture, storage, distribution sale and import, to ensure availability of safe and wholesome food for human consumption. It is also the case of the petitioners that such deputation was made after calling for applications from Medical Officers who satisfy the parameters set out in circular dated 10.9.2012. It is further contended that under the said circular dated 10.9.2012 applications were called for 30 posts of Designated Officers. Under the scheme of the Act, every State is required to appoint a Commissioner for Food Safety as per Section 30 of the Act. The Government of Karnataka vide G.O. No. HFW 31 FPR 2011, Bangalore, dated 3.2.2011 appointed the Commissioner, Health and Family Welfare Services as Commissioner of Food Safety to the State of Karnataka. Under the Scheme of the Act, the Central Government has issued a notification for the urgent implementation of the Act in its entirety.

3. The Commissioner, under the scheme of the Act, and as per the provisions of Section 36 of the Act is the Appointing Authority in respect of the subordinates of the Department, which includes the Designated Officers. Sub-section (1) of Section 36 of the Act empowers the Commissioner for Food Safety to appoint a Designated Officer as in-charge of Food Safety administration over such area as specified by Regulations. Sub-section (2) specifies the area of operation of the Designated Officers. Sub-section (3) of Section 36 enumerates the functions to be performed by the Designated Officers. The reading of the functions enumerated under sub-section (3), to put it in a nutshell, are Ministerial/Administrative in nature. In fact the provisions of Chapter 2 of the Food Safety and Standards Rules, 2011 and Rule 2.1.2 deals with the qualifications for a Designated Officer and reads as follows:

“2.1.2: Designated Officer:

1. Qualification—(i) The Designated Officer shall be a whole-time officer, not below the rank of Sub-Divisional Officer or equivalent and shall possess a minimum of bachelors’ Degree in Science with Chemistry as one of the subjects or at least one of the educational qualifications prescribed for the Food Safety Officer under these rules.

(ii) He shall undergo training as may be specified by the Food Authority, within a period of six months from the date of his appointment as Designated Officer.

(iii)(a) Persons having been appointed as food Inspector having qualification prescribed under the PFA Rules, 1955 or as Local Health Authority, shall be eligible for appointment as Designated Officer, subject to fulfilling such other conditions as may be prescribed for the post of Designated Officer by the State Government.”

4. The petitioners and others came to be deputed as Designated Officers by an order of the Government of Karnataka bearing No. AA Ku Ka 33 CGE 2014, Bengaluru, dated 13.1.2014. A copy of the said order is produced at Annexure-A3 to the writ petitions and reads as follows:

[Matter in another language]

5. It is also contended that under Section 30 the Commissioner of Food Safety of the State is appointed by the State Government for efficient implementation of food safety.

6. I