IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2010 CORAM: THE HONOURABLE MISS.JUSTICE K.B.K.VASUKI W.P.No.26141 of 2008 and M.P.Nos.2, 3 of 2008 & 1 of 2009 M.Shahul Hameed A.Dip F.E. (NFSC) GIFE (I) Deputy Director, Fire and Rescue Services Southern Region, Madurai …Petitioner Vs 1. The Secretary to Government, Home Department, Fort.St.George,Chennai – 600 009 2. The Director, Fire and Rescue Services Tamil Nadu, Egmore, Chennai – 600 008 …Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarifed mandamus to call for the records relating to the impugned notification relating to amendment to Rule 2 of the Special Rules for the Tamil Nadu Fire Service issued in G.O.Ms.No.1224 dated 24.09.2008 by the 1st respondent and quash the same as null and void and consequentially direct the respondents to prepare a panel from amoung the feeder category of eligible officers of Deputy Director of Fire and Rescue Services who are fit and eligible for promotion as Director of Fire and Rescue Services. For Petitioner : Mr.C.Manohar For Respondents: Mr.V.Viswanathan, AGP O R D E R On consent, the writ petition is taken up for final hearing. The petitioner in this writ petition has challenged the validity of notification G.O.Ms.No.1224 dated 24.09.2008 in and by which an amendment is issued to Rule (2) of the Special Rules in the Tamil Nadu Fire Service in respect of recruitment to the post of Director of fire service. https://hcservices.ecourts.gov.in/hcservices/ 2. The petitioner herein is, as on the date of filing of the writ petition and as on today, working as the Deputy Director and the petitioner is having more meritorius service throughout his carrier. The next promotional cadre is Director of Fire Service. There are two sources of recruitment to the post of Director, Fire Service, (a) Promotion from the post of Deputy Director, Fire Service (or) (b) Recruited by transfer from Indian Administration Service (or) Indian Police Service. According to the petitioner, the promotional post is to be necessarily filled up by resorting the first source of recruitment i.e., Promotion from the post of Deputy Director, Fire service, and only in the event of non availability of eligible officers in the cadre of Deputy Director, the second mode of recruitment, i.e., by transfer from other services, could be resorted. 3. The petitioner seeks support, for his contention, from the order of this Court made in W.P.No.13696 of 2008, dated 03.07.2008. The writ petition was filed by the then, Deputy Director (Rescue), by name, R.Balsami, for directing the respondents to prepare a panel of eligible Deputy Directors of Fire and Rescue Services fit for promotion and to consequently promote the petitioner therein. While dealing with the said writ petition, the learned Single Judge of this Court, in para 3, has referred to an earlier observation made by our Division Bench in W.P.No.30697 of 2006. The observation made by the Division Bench on the basis of the undertaking given by the respondents, i.e. State of Tamilnadu, represented by its Secretary to Home Department and the Director of Fire and Rescue Services is that while filling up vacancy in the post of Director of Fire and Rescue Services, first they would consider the eligible persons availble in the feeder post of Deputy Director by drawing a panel and they would resort to appointment by transfer only if there is no suitable canditate available for promotion. In view of the earlier order, W.P.No.30697 of 2006 was disposed of on 03.07.2008 by directing the first respondent, Government, to consider the writ petitioner's representation in the light of the undertaking as referred to above. 4. While so, the Government Order came to be passed on 24.09.2008 introducing amendment to Rule (2) and as per the the amended Rule earlier mode of recruitment to the post of Director from two sources is amended so as to restrict it to only one source i.e. By transfer from the Cadre of Indian Police Service Officer in the rank of Additional Director General of Police. 5. According to the learned counsel for the petitioner, the amendment so brought in is totally unfair, unconstitutional and without jurisdiction and the same has deprived number of officers holding the post of Deputy Directors of Fire Services of their valuable fundamental right to promotion. It is further contended by the learned counsel for the petitioner that the Deputy Directors of Fire and Rescue Services, having fully qualifed and having enough experience in the same field, are more eligible to be https://hcservices.ecourts.gov.in/hcservices/ considered in the promotional post and the members of other service, who have no knowledge in the field, are in no way fit to occupy the post of the Director of Fire and Rescue Services. The petitioner has also in Para 5 of his petition set out the recruitment mode to the equally higher cadre from and among the lower feeder category in other departments. 6. Heard the rival submissions made on both sides. 7. This Court finds the grievance raised on the side of the petitioner deserves due consideration. Thus this Court is of the reasonable view that it will be more appropriate to direct the petitioner to make a representation to the Government in this regard. The Government is further directed to consider the representation in the light of the grievance so raised by the petitioner and in light of recruitment mode to equally higher cadre in other Government Departments and in light of the undertaking given on earlier occasion the Judgment and the Order made by the Division Bench on the basis of the such undertaking in earlier W.P.Nos.30697 of 2006 and 13696 of 2008. The petitioner is permitted to make his representation to the Government within four (4) weeks from the date of receipt of the copy of this order and the Government is directed to duly consider and dispose of the representation within four (4) weeks thereafter. 8. With this observation, the writ petition is disposed of. No costs. Consequently, the connected MPs are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ssd To 1. The Secretary to Government, Home Department, Fort.St.George, Chennai – 600 009 2. The Director, Fire and Rescue Services Tamil Nadu, Egmore, Chennai – 600 008 1 cc to Government Pleader, Sr. 45481 1 cc to Mr.C. Manohar, Advocate, Sr. 45134 W.P.No.26141 of 2008 and M.P.Nos.2, 3 of 2008 & 1 of 2009 VS (CO) kk 8/7 https://hcservices.ecourts.gov.in/hcservices/