High Court dismissed a writ petition challenging a refusal to promote the petitioner to Assistant Fire Officer. The court held that despite earlier appointment as a Fireman, the petitioner was junior to another employee in the feeder category of Safety Inspector, who possessed the requisite training.
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.20577 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.No.20577 of 2015
P.Anbazhagan
... Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in his impugned proceeding No.D3/643/2015/M dated 15.04.2015 and impugned proceeding No.D3/643/2015/M dated 06.05.2015 and quash the same and consequently direct the 1st and 2nd respondents herein to forthwith promote the petitioner to the post of Assistant Fire Officer with effect from 06.05.2015 with all monetary and other attendant benefits
For Petitioner : Mr.K.Raja For Respondents : Mr.P.Ulaganathan
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O R D E R
The claim of the petitioner for promotion to the post of ‘Assistant Fire Officer’ was negatived by the respondents by passing the impugned order on the ground that the petitioner does not possess the requisite qualification viz., Station Officers Course of Training at National Fire Service College, Nagpur.
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training at the National Fire Service College, Nagpur. Thus, it is contended that a mere failure to undergo the said training cannot be a ground to deny promotion to the petitioner.
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“Jagdish Chandra Girijashanker -vs- Mohanbhai Hathibhai (Dead)
Through Lrs.” reported in (2002) 10 SCC 540, absolutely have no application to the case on hand. In the circumstances, it is evident that the petitioner is junior to the Respondent No.3 in the category of ‘Safety Inspector’ and does not possess the requisite qualification of undergoing training at the National Fire Service College, Nagpur.
in the impugned order passed by the respondents. Accordingly, the writ petition is dismissed. No costs. Connected miscellaneous petitions, if any, shall stand closed.
10.12.2024
skr Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
To
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MUMMINENI SUDHEER KUMAR, J.
skr
W.P.No.20577 of 2015
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2 issues framed by the court
Whether the respondents acted arbitrarily by deputing Respondent No. 3 for training ahead of the petitioner who was appointed earlier.
Whether the petitioner's earlier appointment as Fireman Grade II entitles them to promotion ahead of Respondent No. 3.
Colour shows how this judgement treated each authority
Laxmi Chand -vs- Haryana Vidyut Prashan Nigam Ltd.Distinguished¶31
(2002) 10 SCC 539 · Who else cites this
Jagdish Chandra Girijashanker -vs- Mohanbhai Hathibhai (Dead) Through Lrs.Distinguished¶31
(2002) 10 SCC 540 · Who else cites this
P. Anbazhagan
The Chairman, Chennai Port Trust
The Deputy Conservator, Marine Department, Chennai Port Trust
Mr. K. Ravi
Mummenin Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
