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2011 Supreme(All) 2735

RAJES KUMAR
RAJESH KUMAR YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Somesh Khare and Smt. Komal Khare for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon'ble Rajes Kumar, J.—By means of the present writ petition, the petitioners' main relief is for the issue of a writ or direction in the nature of certiorari quashing the impugned notification dated 11.8.2011 issued by the Principal Secretary, Food and Drug Administration, Government of U.P., Lucknow-respondent No. 1.

2. The petitioners claim to be working as Sanitary and Food Inspectors in Nagar Palika Parishad and in Nagar Nigam. They claimed that they have been duly selected by the U.P. Public Service Commission. Under the provisions of Prevention of Food Adulteration Act, 1954, the petitioners have been notified to work as Sanitary and Food Inspectors. The said Act has been repealed on 4.8.2011. There was one more Act named as Food Safety and Standards Act, 2006. Under the said Act, a new rule, namely, Food Safety and Standards Rule, 2011 has been made by the Central Government. Sub Rule (2) of Rule 2.1.3. of the said Rules provides that on the date of commencement of these rules, a person who has already been appointed as a Food Inspector under the provisions of Prevention of Food Adulteration Act, 1954, may perform the duties of the Food Safety Officer if notified





















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