IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32350 of 2008(A) -------------------------- PETITIONER: ------------- R.SASIDHARAN, ASST. STATION OFFICER, FIRE AND RESCUE STATION, THIRUVALLA. BY ADV. SRI.T.R.RAJAN RESPONDENTS: ---------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME (F) DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE COMMANDANT GENERAL, FIRE AND RESCUE SERVICE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE STATION OFFICER, FIRE AND RESCUE STATION, THIRUVALLA. BY GOVERNMENT PLEADER, SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 32350 of 2008 ----------------------------- Dated this 4th day of November, 2008 J U D G M E N T The petitioner is presently working as Assistant Station Officer in the Fire Rescue Services Department. He entered service as Fireman on 1-6-1984 and was promoted as Leading Fireman by order dated 19-5-2003. He was thereafter promoted as Assistant Station Officer in June 2008. 2. The petitioner’s grievance is that the qualifying course prescribed by the State Government for promotion of Fireman to the post of Leading Fireman as per Government Order dated 17-8-1988 was not being held till June 1999 and that though the petitioner had appeared for and passed the qualifying course in the first attempt and in the first available opportunity after entry in service, for the reason that he did not pass qualifying course, he has not been given the benefit of the first time bound higher grade in the scale of pay of Leading Fireman. The petitioner submits that for no fault of his and only for the reason that the Government did not conduct the qualifying course for nearly 11 years after it was introduced, he cannot be penalized. The petitioner submits that pointing out these other aspects and claiming the W.P.(C) NO: 32350 of 2008 2 benefit of grade promotion on completion of 10 years of service as Fireman in the scale of pay of Leading Fireman, he has moved the government in Exts.P1 and P2 representations dated 15-9-2007 and 23-7-2007 respectively. In this writ petition the petitioner prays that the Government may be directed to consider the request made by him in Exts.P1 and P2 and take a decision thereon within a time limit to be fixed by this Court. 3. The question whether the qualifying course was not held as stated by the petitioner nearly 11 years after it was introduced as a qualification for promotion of Fireman as Leading Fireman and whether the petitioner passed it in the first available opportunity, are all matters which the respondents have to decide at least in the first instance. Such being the situation, I dispose of this writ petition with a direction to the Secretary to Government, Department of Home Affairs to consider the request made by the petitioner in Ext.P1 and P2, in the light of the relevant Government Orders and take a decision thereon in consultation with the second respondent. This shall be done within 3 months from the date of receipt of a copy of this judgment. Needless to say, the petitioner shall W.P.(C) NO: 32350 of 2008 3 also be afforded a reasonable opportunity of being heard in the matter. P.N.RAVINDRAN, JUDGE bps