JUDGMENT :

SHAJI P.CHALY, J.

This is a Public Interest Litigation filed by the petitioners, who were retired as Additional/Assistant Commissioners of Food Safety under the 1st respondent State of Kerala, seeking a Writ of Quo Warranto against the 6th respondent, functioning in the post of Joint Food Safety Commissioner (Administration & Legal), questioning his authority for holding the aforesaid post and further to declare that the 6th respondent is unqualified and incompetent to hold the post of Joint Food Safety Commissioner (Administration & Legal) and that he is not duly appointed to the above post in the Commissionerate of Food Safety as per the Food Safety and Standards Act, 2006, hereinafter called, 'Act, 2006'.

2. Brief material facts for the disposal of the writ petition are as follows; according to the petitioners, they are highly aggrieved by the unlawful holding of a public office by the 6th respondent, who is unqualified and not duly appointed to the above post. The 6th respondent was appointed to the post of Technical Assistant (Legal) in the Health Department as per Ext.P1 order dated 17.12.1999. The said post was re-designated as Law Officer – Prevention of Food Adulte