F.No. A.23011/02/2016~DGovernment of India

Ministry of Health and Family' WelfareDirectorate General of Health Services

Central Drugs Standard Control Organization, FDA Bhawan, Kotla Road

New Delhi dated thec$'1 ~July, 2017

Subject:- Final Seniority List of Deputy Drugs Controller (In d ia ), CDSCO,Directorate General of Health Services as on 01 .04.2016­regarding.

The undersigned is directed to forward herewith the Final SeniorityList of Deputy Drugs Controller (India) in CDSCO as on 01.04 .2016Annexed for information/record .

This issues with the approval of the competent authority.

(S.K. anwar)Dy. Director Admn.(D)

Encls: As above.

To

(i) JDC(I)s of CDSCO .(ii) All Dy. Drugs Controller (I)s of CDSCO.(iii) Deputy Secretary (Drugs), Ministry of Health and Family Welfare,

Nirman Bhawan, New Delhi W.r.t. their letter No. A.12018 /3 /2016­DFQC dated 19.07.2017.

(iv) DCG(I) staff.(v) Guard file.(vi) IT Cell for uploading on CDSCO's website.

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Government of IndiaMinistry of Health & Family Welfare

(Department of Health & Family Welfare)Nirman Bhawan , New Delhi

Dated 19th July, 2017OFFICE MEMORANDUM

Subject: - Final Seniority List of Deputy Drugs Controller (India), CDSCO,Directorate General of Health Services as on 01 .04.2016 - Regarding

Whereas the draft Seniority List of officers in the grade of Deputy Drugs Controller(I), Group A, PB-3-Rs. 15600-39100 + GP Rs. 7600/-, CDSCa as on 01.04 .2016 wascirculated to all stakeholders inviting objections, if any, vide a. M. of even number dated9th May, 2016.

Whereas in response to a.M. dated 9th May, 2016, representations have beenreceived from Shri Soumen Mukhopadhyay, DDC(I), Director in-charge, COL Kolkata andShri Arvind Kukrety , DDC(I) , West Zone , Ahmedabad.

Whereas in his representation, Shri S MUkhopadhyay has contended that his namewas at S.No. 13 in the Seniority List as on 18.10.2012. In the Seniority List of DDC(I)s ason 01.01.2014 his name was shown at S.No. 12 wherein Smt. Annam Visala was shownat S.NO.9 (due to retirement of Dr. 0 Roy) but Shri Ranga Chandrashekhar was shown atS.No. 11 above him, though in the seniority list of 18.10.2012 , Shri Chandrashekhar wasbelow him. In the Seniority List of DDC(I)s as on 01.04.2016, though his name would beat S.No. 9 but has been shown at S.No. 12 as Shri Ranga Chandrashekhar, Shri AseemSahu and Shri Sudipta Dey were all placed above him. Shri Mukhopadhyay has,therefore, represented that the seniority list of 18.10.2012 was not followed and hisposition in the seniority list has not been correctly shown. He has , therefore, requested fora review and correction of the Seniority List as on 01.04.2016.

Whereas Shri Arvind Kukrety in his representation has, inter alia , contended that he "was at S.No. 3 in the panel of Drug Inspectors recommended by the UPSC in 1998. Hehad availed Study Leave to pursue M.Pharm. degree course from Jamia HamdardUniversity and submitted the provisional certificate vide letter dated 24.07.2014 and theMarks Sheet issued by the University on 01.08.2014. Ms. Rubina Bose , junior to him, wasgiven relaxation in qualifying years of service and her case was sent to UPSC for thepanel year 2013-14 and she was recommended for promotion to the post of DDC(I) videUPSC file No. 1/40(5)/2015-AP-1 dated 26.02.2015. It is ironical that even after submittingprovisional degree on 24.07.2014 and Marks Sheet on 01.08.2014 his case was not sentto UPSC for cons ideration for promotion for the year 2014-15. He was senior to Dr.ARamkishan and Mrs. Rubina Bose as Drugs Inspector as well as Assistant DrugsController. He has, therefore, requested that a fresh seniority list be circulated placinghim above Mrs. Rubina Bose and Dr. A Ramkishan .

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And now whereas the representations of both Shri S Mukhiopadhyay and ArvindKukrety have been examined and the following conclusions are arrived at.

The name of Shri S MUkhopadhyay was placed at S.No. 13 in the seniority listdated 18.10.2012 on the basis of the instructions contained in DoP&T OM No.22011/1/2006-Estt(D) dated 3.3.2008 which laid down the instructions for fixing ofseniority of promotees and direct recruits . The DoP& T issued revised guidelines videO.M. No. 20011/1/2012-Estt.(D) dated 4th March, 2014 in the light of Supreme CourtjUdgement in Civil Appeal No. 7514-7515/2005 in the case of N R Parmar Vs UOI &others. The revised instructions as contained in OM dated 4th March , 2014 provide thatthe available direct recruits and promotees , for assignment of inter se seniority, wouldrefer to the direct recruits and promotees who are appointed against the vacancies of aRecruitment year . DoP& T OM No. 22011/1/2006-Estt(D) dated 3.3.2008 was treated asnon-existenUwithdrawn ab initio .

The position of Shri S Mukhopadhyay in the Seniority list as on 01.01 .2014 wasrevised and he was placed below Shri R Chandrasekhar and in the Seniority List as on01 .04.2016 his name was placed below Shri Ranga Chandrashekhar, Shri Aseem Sahuand Shri Sudipta Dey on the basis of the revised instructions as contained in DoP&T OMdated 4th March, 2014.

Whereas it is now observed that para 5(h) of the DOP&T OM dated 4 lh March, 2014provides that the revised principles for determination of inter se seniority of directrecruits and promotees would be effective from 27.11.2012, the date of SupremeCourt judgement in Civil Appeal No. 7514-7515/2005 in the case of N R Parmar VsUOI & others. Further, para 5(i) of the O.M. dated 4.3.2014 specifically stipulates thatcases of seniority already settled with reference to the applicable interpretation ofthe term availability, as contained in DOP&T OM dated 7.2.86/3.7.1986 may not bereopened.

Thus, the seniority of Shri S Mukhopadhyay in the Seniority List as on 18.10.2012already settled and circulated vide O.M. dated 22nd May, 2013 ought not to have beendisturbed in terms of the provisions contained in paras 5(h) and 5(i) of DOP&T OM dated4th March, 2014 referred to above.

And now therefore, in the light of the above observations, it has been decided thatthe seniority position of Shri S Mukhopadhyay may be restored to the original position i.e.at S.No. 9, below Smt. Annam Visala and above Shri Ranga Chandrasehkhar in theSeniority List as on 01.04.2016 .

With regard to the contentions of Shri Arvind Kukrety , it is pointed out that in theyear 2014-15, the DOP& T was moved for approval of the relaxation in qualifying years ofservice to the extent of 3 months in favour of Ms. Rubina Bose and for relaxation in theeducational qualifications in respect of Shri Arvind Kukrety for their consideration forpromotion in the year 2014-15. The DOP&T while agreeing to the relaxation in qualifyingyears of service to the extent of three months in favour of Ms. Rubina Bose for herconsideration against the vacancies for 2014-15, did not agree to the relaxation in theeducational qualifications in respect of Shri Arvind Kukrety on the ground that as a policy,the department does not agree for relaxation of educational qualifications.

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Whereas Ms. Rubina Bose was considered for promotion against the vacancies forthe year 2014-15 (and not against the panel year 2013-14) and was promoted to the postof DDC(I) on the basis of the recommendations of the DPC held by the UPSC on26.02.2015 .

Whereas Dr. A Ramkishan was considered and promoted to the grade of DDC(I)against the vacancies for the year 2013-14 . Shri Arvind Kukrety was not eligible for beingconsidered for promotion in the year 2013-14 and 2014-15 as he did not possess Master'sdegree in the subjects 'specified in the RRs as on the crucial date of 01.01.2013 and01 .01.2014 for the vacancy years 2013-14 and 2014-15 respectively.

And whereas Shri Arvind Kukrety, who acquired M.Pharm degree in July, 2014 andbecame eligible for consideration against the vacancies for the year 2015-16. The crucialdate for determining eligibility for the vacancy year 2015-16 being 01.04.2015.Accordingly, he was considered by the DPC held by the UPSC on 29th April , 2015 andwas promoted to the post of DDC(I) on 01.06.2015 against the panel year 2015-16 and hehas correctly been placed below Ms. Rubina Bose in the Seniority List as on 01.04.2016.The representation of Shri Arvind Kukrety is, therefore, devoid of merit and is rejected .

And , now therefore , the seniority of officers in the grade of Deputy Drugs Controller(India) as on 01.04 .2016 finalised on basis of the above observations is placed below andmay be circulated to all concerned for information. A copy of this OM along with the finalseniority list as on 01.04.2016 may be forwarded to Shri S Mukhopadhyay and Shri ArvindKukrety. The final Seniority as on 01.04.2016 may please also be uploaded on thewebsite of CDSCO.

~Deputy Secretary to the Govt. of India

Tele: 23061656

Shri Arun Sharma,Director (Admn.)Central Drugs Standard Control OrganisationDirectorate General of Health ServicesFDA Shawan, Kotla Road,New Delhi-11 0 002

ANNEXURENo.A.12018/3/2016-DFQC

Government Of IndiaMinistry of Health and Family welfare

(Department of Health & Family Welfare)Nirman Bhawan, New Delhi-110011

Final Seniority List of Deputy Drugs Controllers (India), CDSCO as on 01.04.2016

No. of sanctioned posts =23No. filled=15

No vacant=08

S.

No.Narne'ofthe officer Whether, Date of

'I; belol""'!gs t o birth,SC orST. . J• , I,. .

t: '''t:.'#"., ""i: I.' .'

Date of \ , UPSC reference Post heldregular in which~ Isubsta,n-., 'i

' · I~ a pRtt . to . J. recommended/ ' tivelyttie~grade approved'. --

Remarks& ,panelyear

1 2 3 4 5 6 7 81. Dr.K.Bangarurajan

M.Pharm; Ph.D(Pharmacy)

Gen 11.05.1960 18.11.2010 No.F.l/65(10)/2008 -R.lf dt.26.03.2010

N.A. DR(2007-08)

2. Sh.P.B.N.PrasadM.Pharm.

OBC 20.02.1963 11.08.2010 No.F.l/65(10)/20 Drugs08- R.II dt. Inspector26.03 .2010

DR(2007-08)

3. Sh.A.C.S.RaoM.Pharm.

Gen 04 .05.1963 07.0 7.2011 No .F.l/230(47]/ Drugs2009-R.II dt. Inspector13.05.2011.

DR(2009-10)

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4 .

5.

7.

Smt.ShanthyGunasekharanM.Pharm.

Sh.A.K.PradhanM.Sc (Biochemistry)

5h.S.P.ShaniM .Pharm.Ph.D

Gen

Gen

OBC

5C

05.06.1961 06.07 .2011 No .F.l/230(47)/ Drugs2009-R.IJ dt. Inspector13.05.2011.

01.02.1964 20.06.2011 No .F.l/230(47)/ Technical2009-R .11 dt. Officer13.05 .2011.

12.06.1965 20.06.2011 No.F.1/230(47)/2009-R .11 dt .13.05.2011.

15.01.1967 28.06 .2011 No.F.l/230(47}/ Technical2009-R.1Idt. Officer13.05 .2011

DR(2009-1O)

DR(2009-10)

DR(2009-10)

8. Srnt.Visala AnnamM .Pharm.

Gen DR(2011-12)

9. Sh.S .MukhopadhyayM.Pharm.

DrugsInspector

10. 5h.ChandrashekarRanga, M.Pharm .

Gen

11. DR(2011-12)

DR(2011-12}GenSh. Sudipta Dey #

M.Pha rm.12. 14-10-1957 28.02.2014 No.F.l/195(34)/ Drugs

20ll-H-11 dt. Inspector,,- -31.-12.2013· GNCTDelhi

,- - -'--- - - - --- --'-- - - - -'--- - - --''-- - - --'-- - - --- _ .- - _ ._ - --'--- ------ -- _.-

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rt3".·''i·Dr.A.Ramkishan sT 25.05.1972 14.02.2014 No.F.1/40(18}/ Drugs Promotee

I· M.Pharm. Ph.D. 2013-AP.1 dt. Inspector 2013-14 panel03 .02.2014 ._.

14. Ms. Rubina Bose Gen 11.12.1968 17.03.2015 No.F.1/40(5)/ Drugs Promotee(Roy) M .Pharm . 2015-AP .1 dt . Inspector 2014-15 panel

26.02.2015

15. Arvind Kukrety Gen . 01.05.1969 01.06.2015 F.l/40(9)/2015- Drugs PromoteeM .Pharm. AP1 dated Inspector 2015-16 panel

29 .04.2015

# lnter-se seniority between them is provisional subject to confirmation by UPSC.DR indicates direct recruitment.

(~~Deputy Secretary (Drugs)

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