HC restrains filling up of ‘Designated Officer’ post in FDA

PANJIM: The High Court of Bombay at Goa on Wednesday restrained the government from filling up the post of “Designated Officer” in the Directorate of Food and Drugs Administration (FDA) by direct recruitment and instead to refer it to the Goa Public Service Commission (GPSC) for filling the post by promotion, which fell vacant after the retirement of Iva Fernandes.

Sanjyot Kudalkar nee Sanjyot Azgaonkar had filed a writ petition claiming that she was eligible for promotion to the post of “Designated Officer” in the FDA and challenged the government’s move to fill up the post by direct recruitment instead of promotion. She had prayed that the respondents be directed to convene a Department Promotion Committee (DPC) to fill up the vacancy for the post, which fell vacant on December 31, 2021. 

The petitioner had contended that since 50 per cent of the posts are to be filled in by promotion and the balance 50 per cent by direct recruitment, the vacancy which arose due to superannuation of Fernandes be filled by promotion and not by direct recruitment.

The petitioner further said that if the post is filled by direct recruitment then none of the 11 employees in the feeder category including the petitioner could be considered for promotion.

The High Court referred to the Supreme Court which had pointed out that a person is recruited not just for a job but for a whole career and therefore one must be given an opportunity to advance. The government’s interpretation does not seem to address all these relevant considerations, it said.

The Court directed the government to send the necessary requisition to the GPSC within a month from for filling up the post of “Designated Officer” by promotion and the GPSC must complete the process within next three months from the date of receipt of requisition.

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