Decided on November 18,1999

Harnam Dass Appellant
STATE OF JANDK Respondents


- (1.) THE promotional avenues which are provided under the Jammu and Kashmir Fire Force Act 1967 depends upon merit and suitability. This becomes apparent from the perusal of Rule 5. For facility of reference Rule 5 is being reproduced below: "5. Qualification and method of recruitment. (1) No candidate shall be eligible for appointment or promotion to any post in any class, category or grade in the force unless he possesses the qualification as laid down in Schedule II A, B, and C and fulfills other requirements of recruitment as provided in the rules and orders for the time being in force. 2) Appointment to the force shall be made : a) By direct recruitment b) By promotion and c) Partly by direct recruitment and partly by promotion, i) In the ratio and in the manner mentioned against each post in the schedule.
(2.) THERE shall be DPC to be constituted by the Government from time to time which shall examine the promotion cases. ii) The Committee shall consider the eligible candidates under these rules for appointment and inclusion in the select list. The number of such candidates shall not ordinarily exceed three times of the number of vacancies available at the time of selection and anticipated during the recruitment period. iii) The Committee shall examine the service record of the force personnel included in the aforesaid list and prepare a select list of candidates on the basis of merit and suitability with due regards to seniority, iv) The names of candidates included in the list for promotion shall not ordinarily exceed 11/2 time the number of vacancies existing at the time of selection and anticipated during the recruitment period. v) The select list shall be maintained in the Directorate of Fire Force which shall remain in force for one year. vi) The list finally approved by the appointing authority shall form the select list for promotion".
(3.) THE perusal of Rule 5 make it apparent that promotions are made on the basis of merit and suitability. The petitioner submits that he is senior most sub -officer and he wants promotion for the post of Station Officer. For this promotion he has to pass the requisite training course from the National Fire Services College, Nagpur. Only that a candidate who passes such examination is entitled to promotion.;

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