Retired Firemen challenged the rule granting promotions to Leading Fireman and Station Fire Officer based on divisional seniority and sought notional promotions with seniority. As petitioners had retired and sought no relief, the court disposed of the writ petition, keeping the challenge to the rule open for an appropriate petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.17604 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.17604 of 2012
1.A.Govindasamy
2.A.Paramasivam
3.T.Venkatachalam
5.L.Thangaraj
6.A.Krishnamoorthy
7.K.Sekar
.. Petitioners
vs
rep. by its Secretary, Home (Police-VII) Department, Fort St. George, Chennai-600 009.
3.P.Sekar,
Station Fire Officer, Kothagiri Rescue Station, Kovai-Nilagiri Division, Kothagiri, Nilgiris District.
Page 1 of 5
W.P.No.17604 of 2012
4.Madhanagopal, Station Fire Officer, Fire Prevention Wing, Erode Division, Erode.
.. Respondents
[Respondents 3 and 4 are shown as respondent in a representative capacity for themselves and on behalf of other similarly placed persons who are juniors to the petitioners in the post of Fireman but who were promoted as Assistant Fire Officer/Station Fire Officers]
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring that Rule 27 read with paragraph 4 of the Annexure to the Recruitment, Training, Examination and Promotion of Non-Gazetted Officers Rules under Chapter-III of the Subordinate Service Rules and also the orders granting promotion to the post of Leading Fireman, Assistant Station Fire Officer and Station Fire Officer based on the Divisional Seniority as illegal and unconstitutional and consequently direct the respondents to promote the petitioners either as Assistant Station Fire Officer or Station Fire Officer from the date on which their immediate juniors in the post of Fireman were promoted to the posts of Assistant Station Fire Officer/Station Fire Officer with due seniority and all other consequential and monetary benefits.
Page 2 of 5
W.P.No.17604 of 2012
For the Petitioners : Mr.V.Ajoy Khose For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 and 2
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.V.Ajoy Khose, learned counsel for the petitioners and Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 and 2.
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W.P.No.17604 of 2012
be assailed in an appropriate petition. There shall be no order as to costs. Consequently, M.P.Nos.2 of 2012 and 1 of 2014 are closed. M.P.No.1 of 2012 filed to permit the petitioners to file a single writ petition is allowed and disposed of.
(S.V.G., CJ.) (D.B.C., J.) 21.03.2024 Index : Yes/No Neutral Citation : Yes/No bbr
To
1.The Secretary, Government of Tamilnadu, Home (Police-VII) Department, Fort St. George, Chennai-600 009.
Page 4 of 5
W.P.No.17604 of 2012
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr
W.P.No.17604 of 2012
21.03.2024
___________ Page 5 of 5_
1 issue framed by the court
Whether Rule 27 of the Recruitment, Training, Examination and Promotion of Non-Gazetted Officers Rules providing promotion based on divisional seniority is illegal and unconstitutional.
1 provisions across 1 enactments
A.Govindasamy
A.Paramasivam
T.Venkatachalam
R.Mahendran
L.Thangaraj
A.Krishnamoorthy
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
