H SONNAPPAN Vs. DIVISIONAL FIRE OFFICER DHARMAPURI

JUDGEMENT

(1.) THE petitioners 1 to 3, H.Sonnappan, R.Janakiraman and M.Sekar filed the original application on the file of the Tamil Nadu Administrative Tribunal, seeking promotion as Leading Fireman, on the ground that respondents 3 to 5 namely, Jagadeesan, R.V.Radhakrishnan and Selvaraj, being Juniors, were considered for promotion leaving the petitioners, who were seniors to them.

(2.) THE 1st petitioner H.Sonnappan was appointed as Fireman on 10.11.1981 and posted to Hosur SIPCOT Fire Station in Dharmapuri District. At the time of filing the application, he was working in Denkanikottai Fire Ftation. THE second petitioner R.Janakiraman was also appointed as Fireman on 01.04.1983 and posted to Salem Steel Plant Fire Station and at the time of filing the application, he was also working in Denkanikottai Fire Station. THE third petitioner M.Sekar was also appointed as Fireman on 01.04.1983 and posted to Attur Fire Station, Salem District and at the time of filing the application, he was working at Hosur SIPCOT Fire Station.

(3.) ON the other hand, the learned Additional Government Pleader appearing for the respondents 1 and 2 submits that at every stage, steps were taken to comply with the Rules prescribed for promoting the officer to the promotional post and the promotion tests for the post of Leading Firemen was also properly and duly conducted in accordance with the rules and the results of the said tests were also informed to the employees then and there and their acknowledgments also have been obtained and also sent to the approval of the Deputy Director and only to the person in the 'C' list promotion orders will be issued. Therefore, there is no illegality or impropriety in promoting the respondents 3 to 5. Further, it was also contended that the promotional post of Leading Firemen has to be filled up only on the basis of merit and ability from among the firemen. Therefore, when written test and interview were conducted, the petitioners were not able to do well and secure more marks than the respondents 3 to 5. Admittedly, 52 candidates participated in the written test as well as oral test. The petitioners and the respondents were also one among them. In fact, after conducting the tests for promotion to the post of Leading Firemen, list of employees included in the 'C' list for promotion to the post of Leading Firemen was also submitted to the Deputy Director, Western Region, Coimbatore, for passing necessary further orders and the Deputy Director, Western Region, Coimbatore, after considering the marks secured by the candidates, in his proceedings dated 18.06.1998, released the list of persons for temporary promotion to the post of Leading Firemen under the 'C' list and the same was also acknowledged. ON that basis, he prayed for dismissal of the present petition.