IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S BHATTI ON THE 2^nd OF AUGUST, 2022 WRIT PETITION No. 1822 of 2020 Between:-

1. S.MUTHU KUMAR S/O SHRI SUBHASH, AGED ABOUT 55 YEARS, OCCUPATION: GOVT. SERVANT R/N 871550115 RANK G.R. II PHARMESIST R/IO TYPE II 390 GC, CRPF CAMP.

BANGRASIA (MADHYA PRADESH)

2. S KAUSALYA W/O SHRI S MUTHU KUMAR, AGED ABOUT 53 YEARS, OCCUPATION: GOVT. SERVENT F/N 871530132 RANK G R II PAHARMACIST TYPE 11 390 GC CRPF CAMP BANGRASIA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI NEERAJ SINGH CHOUHAN, LEARNED COUNSEL FOR THE PETITIONERS)

AND

1. UNION OF INDIA THR. SECRETARY GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI, (DELHI)

2. DIRECTOR GENERAL CENTRAL RESERVE PLICE FORCE CGO COMPLEX LODHI ROAD (DELHI)

3. THE IG / DIRECTOR (MEDICAL) DIRECTOR GENERAL CRPF MEDICAL BRANCH EAST BLOCK 7 LEVEL 1 R K PURAM (DELHI)

4. INSPECTOR GENERAL OF POLICE M P SECTOR CRPF BANGRASIA BHOPAL (MADHYA PRADESH)

5. DEPUTY INSPECTOR GENERAL / MEDICAL SUPERINTENDENT MADHYA PRADESH ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, BHOPAL COMPOSITE HOSPITAL CRPF BHOPAL BANGRASIA BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: PARMESHWAR .....RESPONDENTS (BY SHRI PUSHPENDRA YADAV, LEARNED ASSISTANT SOLICITOR GENERAL FOR THE UNION OF INDIA)

( BY SHRI HIMANSHU SHRIVASTAVA, LEARNED COUNSEL FOR THE INTERVENOR.)

This petition coming on for admission this day, the court passed the following:

ORDER

The petitioners have filed this petition while praying for issuance of writ in the nature of mandamus commanding the respondents to re-examine the gradation list of SI-Phar/PHARMACISTS GR-II (Non-Combatised) and thereafter, on the basis of correct gradation list, the respondents may convene the DPC for the post of Inspector Pharmacist ( Combatised )/Pharmacist Grade-I (Non-Combatised ) for the vacancy of the year 2020. The further prayer is to the effect that the list dated 05-11-2019 for DPC for the post of Inspector Pharmacist (Combatised)/Pharmacist Grade-I (Non-Combatised) for the vacancy year 2020, may be quashed.

Though, a preliminary objection was filed on 04-03-2020 by intervener however, upon a lapse of more than 2 years, no reply to preliminary objection has been filed, on the contrary, the order sheet dated 25-08-2021, 02-09-2021, 28-06-2022 reveal that the matter was adjourned either on request of the petitioner or his non-appearance. Thereafter, vide order dated 07-07-2022, the application for intervention was allowed and the counsel for the petitioner was granted time to file reply to the application for vacating stay filed at the instance of the intervener thereafter, vide order dated 26-07-2022, the matter is posted today. The counsel for the petitioner has not filed any reply to the preliminary objection filed by the intervener.

The matter is taken up for hearing on preliminary objection.

Signature Not Verified Signed by: PARMESHWAR The counsel for the intervenors have filed a preliminary objection as regards the maintainability of the present petition on the ground that the jurisdiction to entertain the cause is with the Central Administrative Tribunal inasmuch as, the present petitioners are holding non-combatised posts and have also not undergone basic armed training and their service conditions are governed by Central Civil Services ( Classification, Control and Appeal) Rules, 1965. The counsel for the intervenors further submits that the issue is to be dealt with by the State Administrative Tribunal as admittedly, the petitioners belong with non-combatised pharmacist cadre and the disputes pertaining to non-combatised staff are amenable to the jurisdiction of Administrative Tribunal constituted under the Administrative Tribunal Act, 1985.

The counsel for the Interveners has relied upon the decision of Apex Court in the case of Union of India and others vs. Ram Gopal Agarwal and others (1998) 2 SCC 589 submitted that the nature of duties which are performed by the employees in combatised qu