M.RAMASUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Writ Petition has been filed challenging the proceedings of the third respondent dated 08.11.2019 and for a direction to the respondents 1 to 3 to prepare a year wise panel for promotion to the post of Station Officer as per the Special Rules for Tamil Nadu Fire and Subordinate Services.

(2.) The case of the petitioners is that as per the Special Rules for Tamil Nadu Fire and Subordinate Services, the next avenue of promotion for Leading Fireman/Driver Mechanics is to the post of Station Fire Officer (Transport). The Special Rules also provide for considering the promotion of the candidates. According to the petitioners, they are qualified to be considered for promotion to the post of Station Fire Officer and according to them, they are entitled to be included in the panel for the years 2016-17, 2017-18 and 2018- 19 respectively.

(3.) The State Government had issued orders in G.O.Ms.No.352, Home Department, dated 14.05.2012 upgrading 165 posts of Driver Mechanics as Station Officer (Transport). While issuing the order, there was a direction that the existing personnel seniority for elevation to the level of Station Officer and Station Officer (Transport) will be placed on the original seniority at the level of Fireman. A proposal was forwarded by the third respondent and based on the same, the State Government had issued orders in G.O.Ms.No.997, Home (Police) Department, dated 14.08.2018, wherein it was directed that promotion to the post of Station Officer/Station Officer (Transport) will be based on enlistment and state seniority. Accordingly, the enlistment seniority viz., the date of appointment for promotion to the post of Station Officer will be taken into consideration. The related Special Rules prescribing the seniority in the feeder post of Leading Fireman was not amended. Steps were taken to fill up the post of Station Officer on temporary basis without reference to the seniority in the post of Leading Fireman. Consequently, several persons were given temporary promotion to the post of Station Officer disregarding the Rules.