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2013 DIGILAW 453 (MAD)

Raju v. Director, Tamil Nadu Fire and Rescue Services Department

2013-01-21

M.JAICHANDREN

body2013
Judgment :- 1. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the respondents to promote the petitioner from the post of Fireman-Driver to that of Station Fire Officer (Transport), forthwith, with all consequential benefits. 2. At this stage of the hearing of the Writ Petition, a Counter Affidavit has been filed on behalf of the second respondent. Paragraph No.3 of the said Counter Affidavit reads as follows:- “3. It is true that the petitioner is working for the past 17 years as fireman-driver. But at the same time, the petitioner had opted that post by fully knowing that there is no chance for further promotion if he continued as fireman-driver. Only promotion is next fireman-driver is driver-mechanic. It is also absolutely true to state that there are two avenues of promotion for the fireman in the department as mentioned by the petitioner in 3rd paragraph of his affidavit. But, consequent on the merger of the posts of Asst.Divisional Officer and Assistant Divisional Officer (Transport) and the post of Station Fire Officer and Station Officer (Transport) in G.O.Ms.No.1130, Home dated 26.06.1989 and the abolition of Station Officer (Transport) and Assistant Divisional Officer (Transport) as early as in 1995, the chances of further promotion as fireman-driver from among the fireman diminished and resulted in a large number of vacancies in the post of Fireman-Driver. Since the post of fireman-driver is essential for the efficient function of the department as they are the ranks who drive the fire service vehicles it is needless to emphasize their requirement to this department. To overcome the difficulties in filling up the vacancies in the post of fireman-driver the director of fire and rescue services had sent proposals to Government to minimize the period of service required for promotion as fireman-driver vide letter No.12936/B2/2000, dated 24.7.01 and the same was accepted by Government by duly amending the Special Rules as to the minimum period of service required for promotion as fireman-driver is 3 years instead of 5 years vide G.O.Ms.No.843, Home (Pol.Xvii) department dated 12.9.2001. Even in spite of issue of the G.O. still unwillingness prevails in the minds of the fireman to come for promotion as fireman-drivers.” 3. Even in spite of issue of the G.O. still unwillingness prevails in the minds of the fireman to come for promotion as fireman-drivers.” 3. It is clear from the averments made, in Paragraph No.3 of the Counter Affidavit filed on behalf of the second respondent, that there is no possibility of any promotion from the post of Fireman-Driver, as per the relevant service regulations. The petitioner had opted for the post of Fireman-Driver, knowing full well that there is no further promotion for those who are engaged in the said post. 4. In such circumstances, this Court finds no merits in the Writ Petition filed by the petitioner. Accordingly, the Writ Petition stands dismissed. No costs.