P. Boopathy v. The Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2025
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.46034, 46036 & 46108 of 2025 P. Boopathy .....
Petitioner Vs 1.The Additional Chief Secretary to Government, Home (Police-17) Department, Secretariat, Fort St. George, Chennai-9.
2. The Director General of Police/Director, Fire and Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai-8.
....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with the impugned order passed by him in Na.Ka No.9662/Aa.5/2025 (3) dated 09.10.2025 quash the same and direct the respondents to include the name of the petitioner in the panel of Leading Fireman fit for promotion as Station Fire Officer for the panel year 2024-25 and 2025-26 issued by the 2nd respondent in Na.Ka. No.9662/Aa5/2025(1) dated 09.10.2025 1/6
and send the petitioner for four (4) months institutional training the grant him all consequential service, monetary benefits at par with his junior. For Petitioner : Mr.K.Venkataraman Senior Counsel For Mr.M.Muthappan For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the order dated 09.10.2025 passed by the second respondent, thereby reverted the petitioner from the post of Station Fire Officer to the post of Leading Fireman.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner had joined as a Fireman. Thereafter, upon completion of his 15 years of service, he was upgraded to the post of Leading Fireman. Subsequently, based on the State-wise seniority, he was promoted to the post of Leading Fireman on 25.02.2019. Thereafter, the petitioner was temporarily promoted to the post of Station Fire Officer, by the proceedings dated 23.10.2020, 2/6
again on the basis of State-wise seniority. Though the petitioner is a senior person and eligible for promotion to the post of Station Fire Officer, his name has not been included in the panel of Leading Fireman fit for promotion to the post of Station Fire Officer for the panel year 2024-2025 & 2025-2026 as per the provisional list dated 09.10.2025.
4. Pursuant to the said provisional list, and in order to promote the persons whose names found place in the provisional list for promotion to the post of Station Fire Officer, the petitioner was reverted from the Station Fire Officer to the post of Leading Fireman, on the ground that the petitioner involved in a criminal case and was facing charges before the Vigilance and Anti Corruption Department.
5. The learned Senior Counsel appearing for the petitioner submitted that the petitioner has not yet been punished for the said charges instituted by the Vigilance and Anti Corruption Department. Therefore, denial of the benefit of promotion to the post of Station Fire Officer is arbitrary and unsustainable. It was further submitted that a similarly placed person, along with the petitioner, had 3/6
approached the Madurai Bench of this Court in W.P.(MD).No.29436 of 2025 and obtained an order of stay against the reversion.
6. The learned Additional Government Pleader appearing for the respondents submitted that even the pendency of the charges initiated by the Vigilance and Anti Corruption is not an impediment for inclusion of the petitioner's name in the panel for the post of Leading Fireman for promotion to the post of Station Fire Officer. A person, who was facing charges, cannot be punished by way of denial of promotion unless the charges are proved and a punishment is imposed. That apart, the petitioner has not challenged the provisional list dated 09.10.2025 relating to the panel of Leading Fireman for promotion to the post of Station Fire Officer.
7. Admittedly, the petitioner is facing charges before the Vigilance and Anti Corruption Department. As such, though the petitioner is a senior person eligible to be included in the panel for promotion to the post of Leading Fireman for the purpose of promotion to the post of Station Fire Officer, his name was not included in the provisional list on the ground that he is facing charges. Even the 4/6
pendency of the charges is an impediment for promotion to the next post.
8. In view of the above, this Court finds no infirmity or illegality in the order dated 09.10.2025 passed by the second respondent. Thus, the writ petition lacks merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
30.10.2025 Index:Yes/No Speaking/Non speaking Lpp To 1.The Additional Chief Secretary to Government, Home (Police-17) Department, Secretariat, Fort St. George, Chennai-9.
2. The Director General of Police/Director, Fire and Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai-8.
G.K.ILANTHIRAIYAN, J.
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Lpp 30.10.2025 6/6