STATE OF WEST BEHGAL Vs. BIRESWAR CHATTERJEE

JUDGEMENT

(1.) This Appeal from original order is directed against the judgment and order dated 3rd May 1984, passded in C. R.No. 9771 (W) of 1980, by a learned Single Judge of this Court, in which the Respondent Nos. 1-25 (hereinafter referred to as the said Respondents), obtained the concerned Rule, for declaring Rule 5 of the Fire Service Recruitment Rules, 1974 (hereinafter referred to as the said 1974 Rules), as framed under Article 309 of the Constitution of India, to be ultra vires Articles 14 and 16 of the Constitution of India and consequently for withdrawal of a proceeding of the seventh Meeting of the Advisory Board held on 18th April 1980, in the office chamber of the Director of West Bengal Fire Service, being Annexure - "A" to the writ petition and also for such order in respect of Annexure - "B" to the writ petition whereby a decision was taken to announce the date, time and venue of the examination for the post of Sub-Officer by the departmental candidates and not to enforce Rule 5 of the said Rules or to act on the basis thereof. In their application against the Annexures as mentioned hereinbefore and it should also be noted that the Rule was obtained with leave under Rule 11 of the Rules as framed by this Court in respect of the disposal of matters under Article 226 of the Constitution of India.

(2.) It was the case of the said Respondents, that initially they were appointed as Firemen, which posts have now been redesignated as Fire Operators and after satisfactory service rendered in the said post of Fire Operator for a period varying from 5 to 14 years, they were duly promoted to the post of Leaders. It was also their case that at the time of obtaining the Rule in September 1980, the said respondents were employed as Leaders in the West Bengal Fire Services.

(3.) They have further stated that their terms of service and conditions of employment included amongst others, Rule 5 of the Fire Service Recruitment Rules, 1955, which is to the following effect:-