BIRESWAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are employed as leaders in the West Bengal Fire Services. They were initially appointed as firemen (now re-designated as fire Operators). After satisfactory work in the said post of Fire Operators for a period varying from five years to 14 years respectively they were duly promoted to the post of Leaders. Compulsory services in the post of firemen for five years was the minimum requirement for promotion, to the post of Leader.

(2.) According to the petitioners, the channel of promotion in the West Bengal Fire Service is from Firemen (Fire Operator) of the salary of Rs. 180 to 350/-, then Leader (Rs. 330/- to 425/-), then Sub-officer (Rs. 435 to 625/-) and, then to Station Officer (Rs. 450 to 675/-). The post of firemen is filled up by direct recruitment by the Director by selection. The post of Leader is filled up by promotion from the rank of Firemen, and if no suitable candidate be available by promotion to fill up the vacancies then recourse would be taken to direct recruitment, The post of Sub-officer has been filled up by promotion from the Leaders on the basis of seniority and eligibility or suitability. By recruitment rules for the said service it provided that under Rule 5 75% of the vacancies in the post of Sub-officers shall be filled up by promotion and, the rest by direct recruitment. It provided that promotion shall ordinarily be made from the rank of leader, but drivers and telephone operators, if duly qualified may be promoted if they possess the qualification prescribed for such promotion. It had been provided under the said rule that promotion and direct recruitment shall be made by the Director by selection and examination and, interview held by him. Again, if no suitable candidates be available by promotion, vacancies so left unfilled could be filled up by direct recruitment. The petitioners have challenged Rule 5 being arbitrary and illegal. From the channel of promotion as indicated all categories of posts excepting that of sub-officers, the provision for promotion is from the post next below but in the case of promotion to the post of Sub- Officers there is also a provision for accelerated promotion from the post of Fire Operators to Sub-Officers direct superseding the Leaders in between. As a result according to the petitioner the same is arbitrary, illegal and highly discriminatory. By such process the Firemen would be entitled to double promotion by making a frog leap. Hence the said Rule 5 had been challenged in as much as in spite of representations made to the authorities concerned no relief had been granted with regard thereto. Under Rule 5 Firemen r Fire Operators would be entitled to select to the post of Sub- Officer only after putting in three years service as Firemen or Fire Operators whereas the leaders after serving a longer period as Firemen or Fire Operator were promoted to the post of Leaders and in that post also they have already put in between five to fifteen years of service in the post of Leaders. According to the petitioners the job undertaking duty chart of Leaders are not only different but of higher responsibility than the Firemen. In fact the Firemen are responsible to and under subject and, control of the Leaders as they have to work under the supervision of the Leaders. Their pay scales are also different.

(3.) Apart from that the respondent No. 3, the Director of Fire Services issued a Circular dated 24th May, 1980 giving thereunder a brief summary of the proceedings of the meeting of the Advisory Board for recruitment of the West Bengal Fire Services which indicated that the Advisory Committee would take the interview for selection to the post of Sub-Officers and Leaders. The petitioner assailed the said notification inasmuch as apart from the respondent No. 3, the Director of Fire Services nobody else leave alone the Advisory Committee was empowered to act as envisaged under the West Beagal Fire Services Act to give to function in accordance with the provisions of the Act. Apart from that the inclusion in the Advisory Board of three MLAs of a particular political party in power taking interview for selection to the said post of Sub-Officer was motivated, mala fide with an ulterior purpose. Hence tihe formation f the Advisory Committee for the purpose of selection was not only without jurisdiction but absolutely mala fide. It was the contention of the petitioner that to extend the influence of a particular political party in West Bengal Fire Services undue privilege and favour would be shown by the said Advisory Committee with an ulterior purpose.