C.Prem Kumar v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY C. Prem Kumar ... Petitioner -VsThe Director Fire and Rescue Services Department Chennai.

... Respondent Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to promote the petitioner to the post of Superintendent in any one of the two vacancies existing under the respondent by considering his seniority and representation dated 27.03.2024 within the time stipulated by this Court. For Petitioner : Mr.Jameel Arasu for Mr.T.Shanmugam For Respondents : Mr.Stalin Abimanyu Additional Government Pleader

O R D E R

This writ petition is filed for a direction to the respondents to consider the representation of the petitioner dated 27.03.2024 to promote him to the post of superintendent.

2. The learned counsel for the petitioner submitted that already the State level seniority of Assistant has been finalised by the respondent in the year 2023. The name of the petitioner finds place in Sl.No.14. Sl.No.11 has already been promoted, Sl.No.12 alone remains and Sl.No.13 has already been superannuated. In spite of the vacancies, the petitioner has not been promoted.

3. The right of the petitioner is only to be considered for promotion and not right for promotion as such. The petitioner has not been superseded. In view thereof, the petitioner has right to be considered for promotion as and when the respondent form a panel and take steps to fill up the vacancies. The prayer as such is premature.

4. With the above observations, the writ petition is disposed of. No costs.

10.04.2024 Index : Yes/No Speaking order/Non-speaking order dpq

D. BHARATHA CHAKRAVARTHY , J.

dpq To The Director Fire and Rescue Services Department Chennai.

10.04.2024