Point of Law: When the rules made by the Central Government under S. 213(4) and the statutory rules made under proviso to Art. 309 of the Constitution are construed harmoniously, there is no incompatibility or inconsistency in the operation of both the rules to appoint fit persons to the posts or class of officers of the State Government vis-a-vis the qualifications prescribed by the Central Government under subsection (4) of S. 213 of the Act.

ORDER :

Since common question of law and facts is involved in both these petitions, same are being taken up together for hearing and disposed of by way of common judgment.

2. For the sake of brevity, facts of CWP No. 1536 of 2019 are being discussed herein after.

3. Being aggrieved and dissatisfied with condition imposed under newly framed Recruitment & Promotion Rules, 2014, for the post of Designated Officer, Gezetted, Class-I in the Department of Health and Safety and Regulation, Himachal Pradesh (Annexure A-2), which stipulates that 50% of the posts of Designated Officer are to be filled up by direct recruitment and 50% by way of promotion, petitioners herein, who were initially appointed as Food Inspector and subsequently, re-designated as Food Safety Officer, in the department of Health, Himachal Pradesh, approached the erstwhile HP State Administrative Tribunal by way of Original Application No. 4627 of 2015, which on account of abolishment of the Tribunal now stands transferred to this Court for adjudication and has been registered as CWPOA No. 1536 of 2019, praying therein for following relief:-

“A) That this Hon’ble Tribunal may kindly be pleased to quash and set-aside the Advertisement No. 4/2015 dated 09.10.2015 (Annexure A/3) to the extent of 5 posts of designated officer class I in the department of Health and family welfare.

B That Rule 7 and 10 of the Recruitment & Promotion Rules (R&P Rules) may very kindly be declared ultra vires and same may kindly be quashed and set aside.

C. That this Hon’ble Tribunal may kindly be pleased to direct the respondents to provide 100% quota to the Food Safety Officer to the post of Designated Officer by way of amendment to the Recruitment & Promotion Rules (R&P Rules) for the post of Designated Officer Class I in the department of Health Safety and Regulations, Himachal Pradesh.”

4. Precisely, grouse of the petitioner as has been highlighted in the petition and has been further canvassed by Mr. Nimish Gupta, learned counsel appearing for the petitioner is that minimum qualification provided under the Recruitment & Promotion Rules, 2014 for the post of Designated Officer Gazetted Class-I in the department of Health and Safety Himachal Pradesh is not in consonance with the qualification prescribed under the Food Safety and Standard Rules, 2011 and as such, no recruitment to the post of Designated Officer can be made on the basis of Recruitment & Promotion Rules promulgated in the year, 2014. Apart from above, petitioner is also aggrieved of action of respondents in filling up the post of Designated Officer by way of direct recruitment. As per petitioner, post of Designated Officer can only be filled up by way of promotion because qualification as prescribed under the Rules clearly provides that person equivalent to the rank of Sub Divisional Officer can be appointed as Designated Officer, meaning thereby, in service candidate, which in the case at hand is Food Safety Officer can only be appointed against the post of Designated Officer. Mr. Nimish Gupta, learned counsel representing the petitioner while making this Court peruse clause 2.1.2 of Rules, which directly deals with Designated Officer contended that Designated Officer shall be whole time officer, not below the rank of Sub Divisional Officer, meaning thereby, person already in service holding the rank of Sub Divisional Officer (Civil) or equivalent can be appointed as Designated Officer subject to his/her having qualification as prescribed under the Rules i.e. clause 3(a) of sub Rule 2.1.2 . He further submitted that apart from the aforesaid category, Food Safety Officer having qualification as prescribed under the Recruitment & Promotion Rules are eligible to be appointed as Designated Officer, which in the case at hand is Food Safety Officer having 10 years regular service or regular combined with continuous ad-hoc service in the grade. While inviting attention of this Court to the advertisement No. 4/2015 (Annexure A-3), is