PREMJEET KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioners with the following prayers:

(2.) In effect, the petitioners are challenging a stipulation in the Recruitment Rules, viz. 'Central Industrial Security Force Fire Wing Subordinate Ranks (Group 'B' and Group 'C' posts) Recruitment Rules, 2011 ('Recruitment Rules of 2011', for short), whereby the post of Assistant Sub Inspector (Fire) ('ASI (Fire)', for short) is sought to be filled by promotion from the post of Head Constable (Driver-cum-Pump Operators) ('H/CT DCPO', for short). This according to Mr. Chhibber suffers from manifest arbitrariness and is unsustainable in law as the same has been prescribed without taking into account the difference in roles, functions, duties and nature of work discharged by DCPOs, who have neither any qualification nor any training in respect of the duties to be performed by ASI (Fire).

(3.) His submission is also that by prescribing promotion to the post of ASI (Fire) from H/CT DCPO in the Recruitment Rules of 2011, the respondents did not consider that prescription of promotion in the ratio of 2:1 and have effectively granted reservation in promotion to the DCPOs, due to which the DCPOs junior to the petitioners have been promoted to the post of ASI (Fire), upsetting the settled inter se seniority.