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Madras High CourtWP/6544/2015allowed

R.Jagadeesan v. The Director Of Fire And

2018-01-04Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.6544 of 2015 R.Jagadeesan ..

Petitioner -vs1. The Director of Fire & Rescue Services No.1, Greams Road Chennai 600 006

2. The Deputy Director of Fire & Rescue Services Central Region, Trichy

3. The District Fire Officer Thiruvarur District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the first respondent in connection with the impugned order passed by him in Na.Ka.No.14225/B1/2013 dated 29.7.2013 and the second respondent in Na.Ka.No.5163/Aa1/2014-1 dated 6.1.2015 and quash the same in so far as the petitioner is concerned and further direct the respondents to permit the petitioner to participate in the promotion board for the post of Leading Fireman for the year 2014-15 after the relinquishment period and promote him as Leading Fireman or any other equivalent post and grant him all consequential service and monetary benefits.

For Petitioner :: Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondents ::

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

This writ petition has been filed seeking issuance of a writ of certiorarified mandamus, calling for the records of the first respondent in connection with the impugned order passed by him in Na.Ka.No.14225/B1/2013 dated 29.7.2013 and the second respondent in Na.Ka.No.5163/Aa1/2014-1 dated 6.1.2015, quash

the same in so far as the petitioner is concerned and further direct the respondents to permit the petitioner to participate in the promotion board for the post of Leading Fireman for the year 2014-15 after the relinquishment period and promote him as Leading Fireman or any other equivalent post and grant him all consequential service and monetary benefits.

2. Heard the learned senior counsel for the petitioner and the learned Special Government Pleader for the respondents. 3.The issue raised in this writ petition is no longer res integra, as I have considered a similar matter in W.P.No.4957 of 2015* dated 2.1.2018 (S.Rajakumaran v. The Director of Fire & Rescue Services, Chennai & others) and allowed the writ petition holding as follows:- "7. Accordingly, the impugned orders are set aside in so far as the petitioner is concerned and the writ petition is allowed. The respondents are directed to include the name of the petitioner in the "C" list for promotion to the post of Leading Fireman for the year 20132014 in Thiruvarur District and give him promotion. Needless to mention that the petitioner would be entitled to all consequential service and monetary benefits. No costs. Connected M.Ps are closed."

4. In view thereof, since the petitioner is also a similarly placed person, the impugned orders are set aside and the writ petition is allowed. The respondents are directed to include the name of the petitioner in the "C" list for promotion to the post of Leading Fireman for the year 2014-15 and give him promotion. Needless to mention that the petitioner would be entitled to all consequential service and monetary benefits. Consequently, M.P.No.1 of 2015 is closed. No costs. Sd/ Assistant Registrar(CS-III) dt. 6.2.2018 Corrected as per order dt.11.4.2018 and made in W.P.6544/2015 Sd/ Assistant Registrar(CS-III) dt. 20.4.2018 /True copy/ Sub Assistant Registrar

ss To

1. The Director of Fire & Rescue Services No.1, Greams Road Chennai 600 006.

2. The Deputy Director of Fire & Rescue Services Central Region, Trichy.

To be substituted to the order already despateched on

3. The District Fire Officer 6.3.2018 Thiruvarur District.

+2ccs to Mr.M.Muthappan Advocate SR.No.27453* +1cc to the Government Pleader SR.No.3403 W.P.No.6544 of 2015 SDR 07.02.2018 EU 20.04.2018