Kerala High Court
Dr. C. Saravanan vs The Director General Of Health Services on 24 June, 2025
2025:KER:45864
OP (CAT) NO. 59 OF 2025
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
OP (CAT) NO. 59 OF 2025
AGAINST THE ORDER DATED 10.06.2025 IN OA NO.194 OF
2025 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
DR. C. SARAVANAN
AGED 41 YEARS
S/O T. CHINNADURAI, DRUGS INSPECTOR, CENTRAL
DRUGS STANDARD CONTROL ORGANIZATION, CUSTOM
HOUSE, WILLINGDON ISLAND, KOCHI - 682 009,
RESIDING AT HOUSE NO.12/867, VEMBRAKATTU HOUSE,
ESI ROAD, PALLURUTHY, KOCHI, PIN - 682006
BY ADVS.
SRI.P.NANDAKUMAR
SMT.AMRUTHA SANJEEV
SHRI.VIVEK VIJAYAKUMAR
RESPONDENT/S:
1 THE DIRECTOR GENERAL OF HEALTH SERVICES
MINISTRY OF HEALTH & FAMILY WELFARE, ROOM NO.330-
A, NIRMAN BHAVAN, MAULANA AZAD ROAD, NEW DELHI,
PIN - 110011
2 THE DRUGS CONTROLLER GENERAL (INDIA)
CENTRAL DRUGS STANDARD CONTROL ORGANIZATION, FDA
BHAVAN, KOTLA ROAD, NEW DELHI, PIN - 110002
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OP (CAT) NO. 59 OF 2025
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3 THE DEPUTY DIRECTOR (ADMINISTRATION)
CENTRAL DRUGS STANDARD CONTROL ORGANIZATION, FDA
BHAVAN, KOTLA ROAD, NEW DELHI, PIN - 110002
4 THE DIRECTOR (ADMINISTRATION)
CENTRAL DRUGS STANDARD CONTROL ORGANIZATION, FDA
BHAVAN, KOTLA ROAD, NEW DELHI, PIN - 110002
5 5. B. SIVA KUMAR REDDY
DRUGS INSPECTOR, CENTRAL DRUGS STANDARD CONTROL
ORGANIZATION, WEST ZONE-1, 4TH FLOOR, ZONAL FDA
BHAWAN, GMSD COMPOUND, BELLASIS ROAD, MUMBAI
CENTRAL, MUMBAI, PIN - 400008
BY ADV SMT.M.SHAJNA, CGC
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (CAT) NO. 59 OF 2025
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JUDGMENT
Dated this the 24th day of June 2025
NITIN JAMDAR, C.J.
Heard Mr. P. Nandakumar, learned counsel appearing for the
Petitioner and Ms. M. Shajna, learned Central Government Counsel.
2. On 19 June 2025, the following order was passed:
"Heard Mr. Nandakumar P., learned counsel for the
Petitioner and Ms. Shajna M., learned Central
Government Counsel.
2. Learned counsel for the Petitioner states that the
Petitioner has been relieved and joined the
transferred post, however, pursuant to Clause 4 of the
Office Memorandum dated 30 September 2009, the
decision regarding the grievance of the Petitioner
should have been decided by an authority at least one
level above the authority which has originally taken
the decision. Learned counsel for the
RespondentUnion of India seeks time to take
instructions as to the time within which the authority
above the level of the original authority will decide
the representation.
3. Post on 24 June 2025."
3. Learned counsel for the Respondent Union of India through
the Director General of Health Services, on instructions, states that the
representation will be decided within a period of ten days. Taking this
commitment on record, the petition is disposed of.
4. Since the Tribunal itself has noted that the representation
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OP (CAT) NO. 59 OF 2025
should have been decided by the authority above the level of original
authority, needless to state that the authority now deciding the
representation will consider the same on its own merits.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
BASANT BALAJI
JUDGE
uu
2025:KER:45864
OP (CAT) NO. 59 OF 2025
APPENDIX OF OP (CAT) 59/2025
PETITIONER ANNEXURES
Annexure A7 TRUE COPY OF ORDER NO.A.22012/01/2024-D
DATED 02.05.2025 ISSUED BY THE 4TH
RESPONDENT
Annexure A1 TRUE COPY. OF ORDER
F.NO.A.22011/02/2023-D DATED 03.07.2023
ISSUED BY THE 3RD RESPONDENT
Annexure A2 TRUE COPY OF OFFICE MEMORANDUM NO.DOPT-
1669289899529 DATED 24.11.2022 ISSUED
BY THE DEPARTMENT OF PERSONNEL &
TRAINING
Annexure A3 TRUE COPY OF REPRESENTATION DATED
13.06.2024 SUBMITTED BY THE APPLICANT
TO THE 3RD RESPONDENT
Annexure A4 TRUE COPY OF REPRESENTATION DATED
10.02.2025 SUBMITTED BY THE APPLICANT
BEFORE THE 2ND RESPONDENT
Annexure A5 TRUE COPY OF OFFICE MEMORANDUM F.NO.A-
12013/01/2023-D DATED 12.02.2025 ISSUED
BY THE 4TH RESPONDENT
Annexure A6 TRUE COPY OF REPRESENTATION DATED
17.04.2025 SUBMITTED BY THE APPLICANT
BEFORE RESPONDENTS 2 AND 3
Annexure A8 TRUE COPY OF PROCEEDINGS
F.NO.A.23021/02/2019-D DATED 19.02.2025
ISSUED BY THE 4TH RESPONDENT ALONG WITH
THE RELEVANT EXTRACT OF THE FINAL
SENIORITY LIST OF DRUGS INSPECTOR IN
CDSCO AS ON 01.11.2024
Annexure A9 TRUE COPY OF APPEAL DATED 05.05.2025
SUBMITTED BY THE APPLICANT BEFORE THE
1ST RESPONDENT
Annexure R-1 TRUE COPY OF THE RELIEVING ORDER NO.2-
27/ADC/CHE/2025/65 DATED 06.05.2025
ISSUED BY THE DEPUTY CONTROLLER, O/O
THE ASSISTANT DRUGS CONTROLLER (INDIA),
SEAPORT,4TH FLOOR, ANNEX BUILDING,
RAJAJI SALAI, CUSTOM HOUSE, CHENNAI
Annexure R-2 TRUE COPY OF THE EMAIL SENT BY THE
DEPUTY DRUGS CONTROLLER TO THE
APPLICANT DATED 06.05.2025
Annexure R-3 TRUE COPY OF THE SPEAKING ORDER
2025:KER:45864
OP (CAT) NO. 59 OF 2025
F.NO.A.22012/01/2024-D DATED 23.05.2025
ISSUED BY THE RESPONDENT NO.3 WITH THE
APPROVAL OF RESPONDENT NO.1
Annexure R-4 TRUE COPY OF RELIEVING ORDER OF THE 5TH
RESPONDENT REF NO.1-9/ADMIN-RO/WZ-
2025/331 DATED 14.05.2025ISSUED BY THE
OFFICE OF CDSCO WEST ZONE MUMBAI
Annexure R-5 TRUE COPY OF THE MAIL DATED 14.05.2025
SENT BY SHRI B.SIVAKUMAR REDDY
(RESPONDENT NO:5) REGARDING JOINING THE
OFFICE OF CDSCO, COCHIN PORT ON
16.05.2025.
Annexure A 10 TRUE COPY OF EMAIL DATED 13.05.2025
SENT BY THE APPLICANT TO ALL THE
RESPONDENTS IN THE OA INCLUDING THE
DEPUTY DRUGS CONTROLLER (INDIA), WET
ZONE, MUMBAI.
Annexure A11 TRUE COPY OF ATTENDANCE OF THE
APPLICANT FOR THE MONTH OF MAY 2025
Annexure A12 TRUE COPY OF DISCHARGE SUMMARY OF THE
APPLICANT DATED 07.05.2025 ISSUED BY
THE MEDICAL TRUST HOSPITAL
Annexure A13 TRUE COPY OF REQUEST DATED 31.01.2024
SUBMITTED BY THE APPLICANT.
Annexure A14 TRUE COPY OF ORDER NO:A.22012/01/2024-D
DATED 07.06.2024
Annexure A15 TRUE COPY OF ORDER F NO:
A.22012/01/2024 DATED 09.05.2025 ISSUED
BY THE 4TH RESPONDENT
Annexure A16 TRUE COPY OF REPRESENTATION DATED
17.05.2025 SUBMITTED BY THE APPLICANT
BEFORE THE 1ST RESPONDENT
Exhibit P1 TRUE COPY OF THE ORDER DATED 10.06.2025
IN OA NO.194 OF 2025 ON THE FILE OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM
Exhibit P2 TRUE COPY OF THE OA NO. 194 OF 2025
ALONG WITH ANNEXURES
Exhibit P3 TRUE COPY OF INTERIM ORDER DATED
13.05.2025 IN OA NO:194 OF 2025.
Exhibit P4 TRUE COPY OF REPLY STATEMENT FILED BY
THE RESPONDENTS 1 TO 4 ALONG WITH
ANNEXURES
Exhibit P5 TRUE COPY OF REJOINDER SUBMITTED BY THE
APPLICANT TO THE REPLY STATEMENT FILED
2025:KER:45864
OP (CAT) NO. 59 OF 2025
ON BEHALF OF RESPONDENTS 1 TO 4 ALONG
WITH ANNEXURES
Exhibit P6 TRUE COPY OF RELIEVING ORDER
NO:2-27/ADC/CHE/2025/154 DATED
12.06.2025 ISSUED TO THE APPLICANT
