1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11857 of 2011 K.Bose ... Petitioner Vs. 1.The Director, Department of Fire and Rescue Service, Egmore, Chennai - 600 006. 2.The Divisional Officer, Fire and Rescue Service Department, Dindigul Division, Dindigul. 3.The Station Officer, Department of Fire and Rescue Service, Dindigul. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 22.08.2011 by placing the petitioner before the name of one Maruthai in the seniority list. For Petitioner : Mr.Kanimozhi Suresh For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader. O R D E R This petitioner has come up with the above writ petition, seeking only a limited prayer to issue a direction to the respondents to consider his representation dated 22.08.2011. 2. The affidavit filed in support of the writ petition shows that the petitioner, K.Bose was appointed as a Fireman (F.S.2041) in the Fire Service Department on 15.02.1991. After serving in the said Department for more than 20 years, without any unblemished record, he was promoted as a leading fireman on temporary basis by proceedings passed in Na.Ka.No.8872/Aa1/11, P.Aa.No.166/2011. Even now he is continuing as a temporary leading fireman. 3. In the mean while, he came to know that a seniority list has been prepared for the post of leading fireman, with the https://hcservices.ecourts.gov.in/hcservices/ 2 names of 12 members including the petitioner. But his name was shown in the 8th place below one Maruthai (F.S.No.2033). Such a placement of his name below Mr.Maruthai is against the mode of appointment and opposed to fair play and good conscience. For, the date of birth of the petitioner and the said Maruthai are one and the same viz., 01.06.1992. Moreover, both of them joined the service on the same date i.e., on 15.02.1991. While so, be added, the petitioner alone was promoted as temporary leading fireman based on his experience and seniority. Further without considering the date of birth, the date of appointment and the present cadre the respondents have erroneously prepared a wrong list therefore, the petitioner has given a representation complaining flaw in the seniority list and the said representation was not considered. Under these circumstances, the petitioner has come to this Court. 4. Mr.T.R.Janarthanan, learned Additional Government Pleader takes notice for the respondents. 5. Since the prayer made by the petitioner is only to direct the respondents to consider his representation dated 22.08.2011, which has not been considered by the respondents, this Court directs the respondents to consider the representation of the petitioner's dated 22.08.2011 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 6. With the above, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Director, Department of Fire and Rescue Service, Egmore, Chennai - 600 006. 2.The Divisional Officer, Fire and Rescue Service Department, Dindigul Division, Dindigul. 3.The Station Officer, Department of Fire and Rescue Service, Dindigul +One cc to The Spl Govt. Pleader, SR.No.35866 vsm rl/5c – 16.11.2011 W.P.(MD)No.11857 of 2011 14.10.2011 https://hcservices.ecourts.gov.in/hcservices/