GAUTAM SINGH Vs. NAR SINGH

JUDGEMENT

(1.) The present Letters Parent Appeal has arisen under the following facts and circumstances.

(2.) Sarvshri Nar Singh, Ramesh Chand and Ram Kishan filed a writ petition in this Court, inter alia praying for the issuance of Writ in the nature of Mandamus, directing respondent Municipality to comply with the order of the Government contained in Annexure P-7 to the writ petition, which, in turn, directed the respondent Municipality to implement the earlier order of the Government dated 18th September, 1979, contained in Annexure P-5 to the writ petition. The grievances of the petitioners was that they were senior to respondents Sarvshri Siri Chand, Hans Raj and Gautam Singh (Respondents 5 to 7 in the writ petition), as Fireman and they were wrongly ignored for promotion to the post of Leading Fireman. In spite of the direction contained in the Government letter dated 18th September, 1979 (Annexure P-5) and the letter dated 19th March, 1980 (Annexure P-7), directing the Municipality to consider and promot the petitioners on the basis of seniority-cum-merit, the Municipality had refused to consider their cases for promotion.

(3.) The case as put forth by the Private respondents and the Municipality before the learned Single Judge was that as per the qualifications laid down by the Punjab Government vide Gazette Notification dated 17th August, 1962, which had incorporated amendments to the Rules with regard to the Fireman and working of Fire Brigades, which were earlier published in 1925, the petitioners were not qualified for being considered for promotion to the post of Leading Fireman inasmuch as according to the Gazette Notification, no Non-Matriculate could be promoted to the post of Leading Fireman and since the petitioners were not Matriculate, they could not claim promotion to the post of Leading Fireman.