S.P. BAKSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition filed under Articles 226 of the Constitution of India, petitioners are seeking a writ in the nature of qua warranto quashing the appointment of Illam Singh Chauhan (respondent No. 3) herein as Fire Station Officer.

(2.) In brief, the facts are that respondent No. 3 had served in the Indian Air Force as a Senior Non-Commissioned Officer for about 15 years. After retirement, his name was sponsored by the Secretary, Rajya Sainik Board, Haryana, to the Director, Local Bodies, Haryana, for appointment to the post of Fire Station Officer. After the interview along with some other candidates, respondent No. 3 was offered appointment as Fire Station Officer on 10.10.1990 against the post which existed in the Directorate, Local Bodies, Haryana. The post of Fire Station Officer or existed in various municipal committees in the State of Haryana as well as in the Directorate. There is only one post of Fire Station Officer in the Directorate whereas there are 15 posts of Fire Station Officers in the Haryana Municipal State Level Service. The next promotion from the post of Fire Station Officer is to the post of Fire Officer both in the Directorate as well as in the Municipal State Level Service. In other words, the cadre of Fire Station Officer and Fire Officer are different and separate in the Directorate and in the Municipal State Level Service.

(3.) Respondent No. 3 joined as Fire Station Officer in the Directorate on 11.10.1990. Vide order dated 3.7.1991, he was informed that his services were no longer required with effect from 13.7.1991. The said order was challenged by respondent No. 3 by filing Civil Writ Petition No. 9225 of 1991 in this Court which was disposed of on 20.6.1991 with a direction that the services of respondent No. 3 would not be terminated till a regular incumbent recruited by the State of Haryana in accordance with law was appointed. Respondent No. 3 continued in service as Fire Station Officer in the directorate of Local Bodies, Haryana, without any break and vide order dated 12.5.1994 his services were regularised as Fire Station Officer in the scale of Rs. 1400-2600/- with effect from 1.4.1993. Vide order dated 30.4.1997 issued vide endorsement No 2A-97/23109-13 dated 2.5.1997 the post of Fire Officer in the Directorate cadre was filled by bringing one Sher Singh (sought to be impleaded as intervener in this writ petition vide Civil Misc. No. 23832 of 1998) without considering the claim of respondent No. 3. Respondent No. 3 filed Civil Writ Petition No. 7097 of 1997 in this Court praying for the issuance of writ in the nature of Certiorari quashing order dated 30.4.1997. In the said writ petition, respondent No. 3 alleged that he is fully eligible under the rules for promotion and therefore, was entitled to be considered for the post of Fire Officer. He, therefore, sought directions to the respondents to consider and promote him to the post of Fire Officer with all consequential benefits, arrears of pay with effect from the date he became eligible under the rules and other reliefs. The Division Bench of this Court after hearing all the parties, accepted the writ petition of respondent No. 3. The Bench on reading of the rules 6 and 9 of the rules known as Haryana Subordinate Services (State Service Class-III) Rules, 1972 and Appendix annexed thereto, held that respondent No. 3 due to his experience in the Air force as per the experience certificate and by virtue of the equation of the post held by him in the Air Force to an equivalent post in the civil trade, would be deemed to have had the requisite experience on a higher post of Fire Officer in the Air Force. The contention of the official respondents that equivalence was only to the post of Head Clerk or Office Superintendent, was not accepted. Resultantly, respondent No. 3 was held liable for consideration for promotion so far as his qualifications were concerned. The Division Bench also rejected the contention of counsel for Sher Singh that respondent No. 3 cannot be considered for promotion as Fire Officer as his very appointment to the post of Fire Station Officer was against the rules. It was observed that neither the appointment of respondent No. 3 as Fire Station Officer was challenged nor the same can be allowed to be challenged especially when the official respondents did not say anything in regard to his appointment as such. Resultantly, the writ petition, CWP No. 7097 of 1997, filed by respondent No. 3 challenging the appointment of Sher Singh as Fire Station Officer in the Directorate, was accepted and the order appointing Sher Singh as Fire Station Officer was quashed and respondent No. 3 was held eligible so far as his qualifications were concerned, for being considered for promotion as Fire Officer. It was further ordered that the case of respondent No. 3 be considered for promotion within a period of three months and in case he was not found suitable, then a resort be made to fill the post through other modes of appointment.