Health Department recalls services of 28 employees deputed as Food Safety Officers 

The State Health Department has recalled the services of 28 employees, who were deployed on deputation in the Food Safety and Drug Administration Department to serve as Food Safety Officers (FSOs). This follows a review of the service particulars of these officers deputed under the Food Safety and Standards Act, 2006.

According to a government order (GO) issued on July 23, these officers did not possess the educational qualifications prescribed under the Food Safety and Standards Rules, 2011, at the time of their functional appointment or deputation to the Food Safety and Drug Administration department. Further, some among them have obtained degrees from open or distance education institutions but that is done without prior departmental approval, which renders their qualifications ineligible under the rules in force.

The officers had approached the Karnataka High Court seeking regularisation of their services as FSOs and also a revision of pay scale. However, the Court rejected their petition.

It said “they were not regularly recruited, appointed, or absorbed into the said posts in accordance with the Cadre and Recruitment Rules, 2015. Besides, they also did not possess the required qualifications at the time of their functional appointment or deputation,” the GO stated.

“In view of their ineligibility for regularisation and in the interest of legal and administrative propriety, the government has ordered that they should be repatriated with immediate effect to their parent department (Health and Family Welfare Department). The repatriated officers should report to the State Health Commissioner for further posting through counselling. The Commissioner, Food Safety and Drug Administration, should take necessary action to relieve the 28 officers and ensure that all statutory enforcement functions under the Food Safety and Standards Act, 2006, are reassigned to the concerned Taluk Health Officers (THOs) with immediate effect, until further orders. Further, the THOs who are assigned the responsibility of Food Safety Officers should undergo the required training,” the GO stated.

Deputation period

Harsh Gupta, Principal Secretary, Health and Family Welfare, told The Hindu that as per Rule 16 of the Karnataka Civil Services (General Recruitment) Rules, 1977, the permissible maximum deputation period of eight years, including extensions, has already been completed in respect of these officers.

“In light of the above and considering the potential legal complications arising from the continued discharge of statutory enforcement functions by ineligible personnel, it is concluded that their deputation as food safety officers cannot be continued any further. Therefore, action has been initiated to repatriate such officers to their parent cadre in the Health and Family Welfare Department,” he said.