The above mentioned four (4) Civil Rules have been heard together and therefore have been taken for decision as they are relating to examination of Drugs and Cosmetics Act, 1940 and the Rules, 1945 thereof and the Assam Drugs Control Organisation Service Rules, 1994 (Assam Rules).

2. Civil RuleNo.5458 of 1995 (Association of Inspector of Drugs vs. State of Assam) is the first case in which the petitioner Association of Inspector of Drugs claimed that in view of Rule 5 and 11 of the Assam Rules, 1994, the post of Drugs Controller, Assistant Drugs Controller and Senior Inspector of Drugs only and that relaxation be made under Rule 26 of the Assam Rules if and when the provisions of Rules causes undue hardship.

3. Civil Rule No. 144 of 1996 was preferred by the petitioner Shri Chandranath bhattacharjee, a B.Phama Degree holder joined the service under respondents authorities as a direct recruit as Inspector of Drugs on 7.7.88. He challenged the reemployment of C. Deb Roy (respondent No.4), Drugs Controller for a period of one year with effect from the date of his superannuation i.e. 1.2.95 to 31.1.96, as such reemployment had violated the mandatory provisions of Rule 11 of Assam Rules,

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