P.Arunachalam v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN P.Arunachalam .. Petitioner Vs.
1.The Directorate, Fire & Rescue Service, 17, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
2.The Deputy Director (Full Incharge), Central Region, Tiruchirapalli.
3.The District Officer, Fire & Rescue Service Department, Villupuram District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, by issuing suitable direction directing the first and second respondents herein to confer the upgradation post of Driver Mechanic with effect from 24.02.2019 on completion of 15 years of service and Special Station Fire Officer (Transport) with effect from 01.10.2021 for completion of 25 years of service and also confer the regular promotion as Station Fire Officer (Transport) and confer all the other 1/6
consequential benefits and monetary benefits with due regards to petitioner's seniority.
For Petitioner : Mr.R.S.Anandan For Respondents : Ms.P.Vijaya Devi, Government Advocate.
ORDER
This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the first and second respondents to confer the upgradation post of Driver Mechanic with effect from 24.02.2019 on completion of 15 years of service and Special Station Fire Officer (Transport) with effect from 01.10.2021 for completing 25 years of service and grant regular promotion as Station Fire Officer (Transport) and also to grant other consequential benefits and monetary benefits to the petitioner. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner joined service as Fireman recruited through Tamil Nadu Uniformed Services Recruitment Board on 09.09.1996. He was promoted as Fireman Driver on 15.03.2004. It had been stated that while working as Fireman Driver, disciplinary proceedings were initiated in the year 2017. He was awarded with the punishment of postponement of two increments 2/6
without cumulative effect, by order dated 19.09.2017. He was therefore overlooked while granting upgradation to the post of Driver Mechanic. He was also overlooked for further upgradation to the post of Special Station Fire Officer (Transport). He was also not considered for promotion to the post of Station Fire Officer (Transport). The petitioner filed W.P.No.22850 of 2019 and by an order dated 30.06.2023, the punishment was set aside. The respondents filed W.A.No.1280 of 2024, which was dismissed on 25.04.2024. The petitioner, therefore, naturally, must be given all necessary benefits as if the disciplinary proceedings had not been initiated at all.
This would indicate that he must be granted upgradation to the post of Driver Mechanic on completion of 15 years of service and must have been granted further upgradation to the post of the Special Station Fire Officer (Transport) on completion of 25 years of service and if otherwise eligible, must also have been considered for promotion to the post of Station Fire Officer (Transport) on par with his juniors. In this regard, the petitioner has given a representation on 02.05.2024.
3.A direction is issued to the first and second respondents to examine the service register of the petitioner and grant all necessary service and monetary benefits, particularly, since the writ petition filed by the petitioner 3/6
had been allowed and the disciplinary proceeding and the punishment had been set aside and the writ appeal had also been dismissed. Necessary orders in this regard must be passed by the respondents within a period of three months from the date of receipt of a coy of this order. 4.With the above observations, this Writ Petition stands allowed. No costs.
sli 18.03.2025 Index:Yes/No Internet:Yes/No To 1.The Directorate, Fire & Rescue Service, 17, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
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2.The Deputy Director (Full Incharge), Central Region, Tiruchirapalli.
3.The District Officer, Fire & Rescue Service Department, Villupuram District.
C.V.KARTHIKEYAN,J.
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