IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 6 TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 WP(C) NO. 25901 OF 2023 PETITIONER:

DR. JESTO GEORGE AGED 43 YEARS DY DIRECTOR FSSAI, 3RD FLOOR, CENTRAL BLOCK, HOUSEFED COMPLEX, DISPUR, GUWAHATI, ASSAM ., PIN - 781006 BY ADVS. T.SANJAY SANIL KUMAR G.

SHABNA T.K.

RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, ROOM NO. 205-D, NIRMAN BHAWAN, NEW DELHI, PIN -

110011

2 FOOD SAFETY AND STANDARD AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, FOOD SAFETY AND STANDARD AUTHORITY OF INDIA, (MINISTRY OF HEALTH & FAMILY WELFARE) FDA BHAVAN KOLTA ROAD, NEW DELHI, PIN - 110002

3 THE EXECUTIVE DIRECTOR HR DIVISION FOOD SAFETY AND STANDARD AUTHORITY OF INDIA, (MINISTRY OF HEALTH & FAMILY WELFARE), ESTABLISHMENT DIVISION, , FDA BHAVAN KOLTA ROAD, NEW DELHI, PIN - 110002

4 DIRECTOR DIRECTORATE OF ANIMAL HUSBANDRY, GOVERNMENT OF KERALA, VIKAS BHAVAN THIRUVANANTHAPURAM, KERALA., PIN - 695033

5 THE UNDER SECRETARY ANIMAL HUSBANDRY DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM, KERALA ., PIN - 695007

6 STATE OF KERALA REPRESENTED BY JOINT SECRETARY TO GOVERNMENT, AGRICULTURE (ANIMAL HUSBANDRY) DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM, KERALA, PIN - 695007 BY ADVS.

SUNIL.J N.S.DAYA SINDHU SHREE HARI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6^th day of March, 2025 The petitioner who was holding the post of Veterinary Surgeon in Animal Husbandry Department under the State Government of Kerala in a pay scale of Rs.20740- 36140 was sent on deputation to the post of Deputy Director (Technical) in Food Safety and Standard Authority of India (for short ‘FSSAI’), an organisation under the Ministry of Health and Family Welfare, on 24.08.2015. The petitioner was finally absorbed in FSSAI on 22.08.2019. After absorption, the petitioner has been promoted to the post of Joint Director with effect from 25.04.2024. While promoting the petitioner to the post of Joint Director, the services rendered on deputation before permanent absorption in FSSAI have not been calculated for counting the eligible length of service for promotion to the post of Joint Director.

2. The learned counsel for the petitioner submits that the petitioner’s service rendered before absorption cannot be wiped out and the service rendered by him on deputation is to be treated as regular service in FSSAI for the purposes of fixing his seniority to the post of the Deputy Director and Joint Director after he was absorbed on the post of Deputy Director with effect from

22.08.2019.

3. In support of the said submission the learned counsel for the petitioner has placed reliance on the judgment of the High Court of Delhi in W.P.(C.) No.9227/2014, in National Highways Authority of India v. Sanjeev Kumar Sharma and others. The High Court of Delhi, in the aforesaid judgment, has held that the expression ‘regular service’ would mean that the length of the service from the date of appointment to a post should be taken into consideration for the purpose of seniority in that post or eligibility for a higher post in absence of any specific provisions to the contrary. It is further submitted that the petitioner's appointment on deputation was also regular appointment, and wiping out of the service rendered by the petitioner on the post of Deputy Director in FSSAI before his absorption on the said post in FSSAI would be wholly unjustified.

4. Sri.Daya Sindhu Sreehari, learned Central Government Counsel has not been in a position to point out any provision contrary to the submission that the service rendered by the petitioner on the post of Deputy Director in FSSAI before absorption should not be treated as regular service.

5. The aforesaid judgment of the High Court of Delhi was challenged by the National High Way Authority of