IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on:26.06.2023 Delivered on: 14.07.2023 CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.No.22816 of 2016 V.Raju ... Petitioner Vs

1.The Secretary To Government Home Department Secretariat, Fort St.George Chennai-600 009

2.The Director Fire and Rescue Services Egmore Chennai-600 008

3.The District Officer Fire and Rescue Services Salem District Salem-16

4.P.Masanamuthu

5.A.Muralidharan

6.A.K.Palani

7.A.Hassan Mia

8.G.Rajendiran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for records pertaining to the 2^nd respondent's proceedings Na.Ka.No.19854/B1/2015 dated 13.01.2016 pertaining to the post of Superintendent of the year 2015- 2016, quash the same and direct the 2^nd respondent to prepare revised seniority list in the post of Superintendent after rectifying the defects in the Assistant panel for the year 1999-2000. For Petitioners : Mr.R.Dhamodaran For Respondents : Mrs.Meera Arumugam, AGP for R1 to 3 Mr.M.Manivasagam for R4 to 8

ORDER

The petitioner has filed the present Writ Petition seeking to quash the impugned proceedings dated 13.01.2016 on the file of the 2^nd respondent and to consequently direct preparation of a revised seniority list for the year

1999-2000.

2. Facts in brief as set out by the petitioner in the affidavit filed in support of the Writ Petition are that, he was selected by the Tamil Nadu Public Service Commission for appointment as Typist. He joined services on 12.12.1994 and his name was included in the 'C' list prepared by the 2nd respondent on 15.03.1999 in the panel for promotion as Assistant for the year 1999-2000. The petitioner also joined as Assistant thereafter on 04.05.2000 and was working in the said post till 30.11.2001. In the meantime, the 2^nd respondent appointed 15 Firemen as Junior Assistants cum Typists by way of recruitment by transfer from the Tamil Nadu Fire Subordinate Service. It is the case of the petitioner that there is a bar for recruitment by transfer from categories, exceeding 20% of vacancies in each of the categories of Junior Assistants/Typists and without assessing or arriving at the total vacancies, the 2^nd respondent appointed the said 15 Firemen. According to the petitioner, the newly recruited Firemen did not complete their mandatory training at Bhavani Sagar as required under R.8(A) of Annexure V of the Rule 34 of the Tamil Nadu Ministerial Service Rules. Subsequently, G.O.Ms.No.910 Home (Police-17) department dated 20.09.2001 split the 15 Firemen 14 as typists and one as Junior Assistant and regularised their service from the date of their respective joining, without directing the 2^nd respondent to re-regularize them based on the sanctioned strength of the respective posts. Though the 15 Firemen were not qualified and appointed much after the petitioner was promoted as Assistant, their services were regularised retrospectively and given effect to and the petitioner was demoted as typist as 30.11.2001. It is the case of the petitioner that though he made several representations to the 2^nd respondent, the 2^nd respondent has not taken any action to set right the defects and violation of rules and therefore the petitioner has filed the present Writ Petition.

3. The case pleaded by the petitioner for filing the Writ Petition belatedly is that the 2^nd respondent was releasing a panel for the post of Superintendent for the year 2015-16, which was a consequential violation by the 2^nd respondent which can be traced back to the original mistake committed by them for the panel year 1999-2000 and the application of G.O.Ms.No.910 dated 20.09.2001.

4.The respondents have filed counter. The 2^nd respondent Director of Fire and Rescue Service stated that the Writ Petition was not only belated but even otherwise the relevant Government orders have been strictly adhered to and the petitioner cannot have any grievance. The 4^th respondent has fi