1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9477 of 2011 V.Ponnusamy ... Petitioner Vs. 1. The Director, Directorate of Fire and Rescue Service, Egmore, Chennai-8. 2. The Divisional Fire Officer, Fire and Rescue Service, Trichy Division, Trichy. 3. The Deputy Director of Fire and Rescue Service, Central Region, Trichy. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 14.07.2011 based on the administrative instruction issued by the first respondent dated 13.04.2007 in O.Mu.No.5976/Aa1/07 within a stipulated time frame fixed by this Court. For Petitioner : M/s. M.Thirunavukarasu For Respondents : Mr.J.S.Mohamed Mohideen Additional Government Pleader ORDER According to the petitioner, he was appointed on 14.02.1991 in the post of Fireman through employment exchange in Tamil Nadu Fire Service Department. On 30.02.2010, his juniors were promoted as Leading Fireman by the respondents. However, the petitioner was not considered for promotion. The petitioner was born on 01.06.1960 whereas, his juniors, who were born subsequently, though joined on the same day i.e., on 15.02.1991, were considered for promotion. As per the proceedings of the Director of Fire and Rescue Service, Chennai in O.Mu.No.5976/Aa1/07 dated 13.04.2007, the first respondent https://hcservices.ecourts.gov.in/hcservices/ 2 herein, while fixing the seniority of those who have joined the service, on the same day, the age should be taken into consideration. The petitioner has also relied on the proceedings in R.C.No.2670/B/97 dated 19.05.2007, issued by the Divisional Fire Officer, Fire and Rescue Department, Nagapatinam, wherein, the said authority has taken into consideration, the direction dated 13.04.2007, referred to above. Contending inter-alia that the respondents have not fixed the seniority of the petitioner in terms of above said Office Order dated 13.04.2007 he has sent a representation dated 14.07.2011 to the first respondent, which has not been considered so far. 2. According to the petitioner, the respondents have decided to conduct a Board Meeting on 24.08.2011, for fixing the seniority, for the purpose of giving promotion to the post of Firemen. In such circumstances, the petitioner has approached this Court for a Mandamus, directing the respondents to consider and dispose of his representation dated 14.07.2011, on the basis of the Office Order dated 13.04.2007 of the Director of Fire and Rescue Service, Chennai. 3. Mr.J.S.Mohamed Mohideen, learned Additional Government Pleader, who take notice for the respondents, submitted that the representation of the writ petitioner would be considered, if the same has been acknowledged and still pending on the file of the Divisional Fire Officer, Fire and Rescue Department, Trichy. 4. A perusal of the proceedings in Na.Ka.No.19041/A1/90 dated 14.02.1991 of the Divisional Fire Officer, Trichirapalli shows that the petitioner has been appointed in the post of Fireman, the next avenue of promotion is Leading Fireman. The representation dated 02.05.2011 addressed to the Director of Fire and Rescue Service Department, Chennai, sent through the the Divisional Fire Officer, Fire and Rescue Service, Trichirapalli/second respondent shows that though the petitioner and others were appointed on 15.02.1991, he was older than others, as he was born on 01.06.1960. At the same time, the representation also indicates that promotion has already been granted to few persons, as Leading Fireman. 5. A perusal of the proceedings dated R.C.No.2670/B/97 dated 19.05.2007, issued by the Divisional Fire Officer, Fire and Rescue Department, Nagapatinam shows that pursuant to the Office Memorandum dated 13.04.2007 of the Director in Nagapattinam Division seniority has been fixed among the persons, who have joined on the same day, on the basis of their age. 6. In such circumstances, if the seniority of the petitioner had not been fixed in terms of the above said Office Order of Director of Fire and Rescue Service Department, Chennai, the same has to be considered, subject to limitation. Only then there would be uniformity. https://hcservices.ecourts.gov.in/hcservices/ 3 7. In view of the above, the Divisional Fire Officer, Fire and Rescue service, Trichy is directed to consider the representation of the writ petitioner dated 13.04.2011, based on the instructions of the Director of Fire and Rescue Service, Chennai, dated 13.04.2007, within a period of two weeks from the date of receipt of a copy of this order. It is open to the petitioner to place all necessary materials for consideration. With the above direction, this Writ Petition is disposed of. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1. The Director, Directorate of Fire and Rescue Service, Egmore, Chennai-8. 2. The Divisional Fire Officer, Fire and Rescue Service, Trichy Division, Trichy. 3. The Deputy Director of Fire and Rescue Service, Central Region, Trichy. +1cc to Mr.M.Thirunavukkarasu, Advocate SR.No.28739 akv akm/23.08.11 /3p-5c/ W.P.(MD)No.9477 of 2011 23.08.2011 https://hcservices.ecourts.gov.in/hcservices/