K DURAIRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SINCE the petitioners in all the above writ petitions are aggrieved by the orders passed by the Tamil Nadu Administrative Tribunal in their respective Original Applications, and the issues involved in all the petitions are one and the same, these writ petitions are being disposed of by the following common order.

(2.) FOR convenience, we shall refer the case of the petitioner in W.P.No. 10665 of 2001. At the time of filing of the Original Application before the Tribunal, the petitioner herein was working as a Fireman in the Fire Station, Tamil Nadu Fire Services, Thallakulam, Madurai Division. He had put in service for 15 years from the date of his appointment as Fireman. In 1998, the Tamil Nadu Public Service Commission, third respondent herein announced selection of 76 Station Fire Officers (thereafter increased to 113), by direct recruitment as per Advertisement No.21/98. The petitioner took part in the selection process to the post of Station Fire Officer. The qualification to the post was just a pass in the Higher Secondary/Preliminary Examination for SC/ST, MBC, denotified communities and Backward Classes, and for others - B.A., Or B.Sc, or B.Com., or B.O.L., Or B.B.A., or B.Lit. The petitioner participated in the written examination. The Tribunal, in a matter relating to selection of Sub-Inspector of Police in O.A.No.1368 of 1994, by order dated 18.1.1995, suggested the Government to provide for reservation for graduates, who fulfilled the criteria laid down for selection by direct recruitment. The Government had also given effect to the said decision by passing G.O.Ms.No.1054, Home (Police III) Department, dated 13.7.1995. The petitioner had sought for the creation of similar provision of reservation while making direct recruitment. However, following the earlier order passed in the case of a similarly placed person, namely K.Durairaj in O.A.No.3621 of 2000 dated 8.3.2001, dismissed his application. Questioning the same, the applicant therein has filed W.P.No. 10665 of 2001. Similar averments have been made in the other writ petitions.

(3.) WE have already referred to the fact that all the petitioners/Firemen have approached the Tribunal, praying for a direction to set apart 20% vacancies for serving firemen, who are graduates and have put in 5 years of experience in the Fire Service Department from among the vacancies reserved for direct recruitment and consequently select them as Station Fire Officers. Coming to the argument based in G.O.Ms.No.1054, dated 13.7.1995, the learned counsel for the petitioners contended that since the Tribunal's directions in O.A.No.1368 of 1994 dated 18.1.1995 were given effect to by passing G.O.Ms.No.1054, Home (Police III) Department, dated 13.7.1995, similar provision of reservation may be made while making selection for the post of Station Fire Officer. It is true that pursuant to the suggestion of the Tamil Nadu Administrative Tribunal dated 18.1.1995 in O.A.No.1368 of 1994 etc., batch relating to selection to the post of Sub-Inspector of Police (direct recruitment) conducted by the Tamil Nadu Uniformed Services Recruitment Board, the Government after examining the matter in detail, in the said Government Order directed that 20% of the vacancies in the direct recruitment quota for the post of Sub-Inspector of Police be reserved for the Police Constables and Head Constables in Category I and their equivalent ranks in the Armed Reserve and Tamil Nadu Special Police Branch in Category II and III. In the said Government Order it was clarified that the direct recruitment quota of Sub-Inspector of Police would be filled 80% from open market and 20% from Serving Police Personnel in all the three categories. After taking such decision, the Government requested the Director General of Police to send necessary draft amendments to Special Rules for Tamil Nadu Police Subordinate Services and Tamil Nadu Special Police Subordinate Services.