A.SURESH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed to quash the order of the Tribunal made in O.A.No.231 of 2016, dtd. 19/1/2022 and consequently, direct the respondents 2 to 4 to promote the petitioner as ADFO, in the vacancy falling in the 7th reserved point in the roster.

(2.) Heard Mr.P.S.Raman learned Senior Counsel assisted by Mr.J.Srinivasa Mohan learned counsel appearing for petitioner, Mr.Syed Mustafa, learned Special Government Pleader (Puducherry) appearing for the respondents 1 to 4 and Mr.N.Balamurali Krishna learned counsel appearing for Mr.R.Nandha Kumar, learned counsel appearing on behalf of the 5th and 6th respondents.

(3.) The learned Senior counsel appearing for the petitioner would submit that the petitioner, who is a Scheduled Caste candidate belongs to a reserved category and that he is working as a Station Officer in the Fire Department and his avenue of promotion is the Additional Divisional Fire Officer (hereinafter referred to as "ADFO"). He would submit that the roster is being maintained by the respondents 1 to 4 with regard to the Officer who held the post of ADFO right from the date of inception of such cadre and that the next vacancy that fell in the said post had to be filled up in point No.7, which had been reserved for a Scheduled caste. However he had not been given the said promotion and the promotion had been given to an unreserved category. Hence, he had made a representation indicating that he had completed eight years of service as required for the post of ADFO. The learned Senior counsel by referring to an Office Memorandum that had been issued on 2/7/1997, would submit that the earlier policy of 200-point, 40- point, 120-point vacancy based rosters were replaced by post-based rosters. Referring to clause 5 of the said Memorandum, he would submit that during the initial operation of such roster the earlier appointments made at the inception of the cadre have to be considered and adjustments have to be made towards 13 point reservation as annexed in the Annexure-III to the said Office Memorandum, which is the model roster of reservation.