MADAN LAL Vs. DELHI FIRE SERVICE
LAWS(DLH)-1983-2-37
HIGH COURT OF DELHI
Decided on February 02,1983

MADAN LAL Appellant
VERSUS
Delhi Fire Service Respondents


Referred Judgements :-

GUEST. KEEN WILLIAMS PVT. LTD. V/S. P. J. STERLING [REFERRED]
DUNLOP RUBBER CO. (INDIA) LTD. V/S. WORKMEN [REFERRED]
IMPERIAL CHEMICAL INDUSTRIES (INDIA) PVT. LTD. V. WORKMEN [REFERRED]
B. N. MISRA V. STATE OF U.P. [REFERRED]
E. P. ROYAPPA V/S. STATE OF TAMIL NADU [REFERRED]
MANEKA GANDHI V/S. UNION OF INDIA [REFERRED]
AJAY HASIA V/S. KHALID MUJIB [REFERRED]
S GOPA KUMAR VS. STATE OF KERALA AND KERALA PUBLIC SERVICE COMMISSION [REFERRED]


JUDGEMENT

- (1.)This batch of writ petitions comes before us on a reference made by the learned single Judge to Division Bench because he was of the view that the case involves questions of public importance and should be decided by a larger bench. All of them will be disposed of by a common judgment in this petition because the same point arises in all these petitions. The sole point arising for decision is whether the amendment made in Regulation 3 by Municipal Corporation of Delhi in the Delhi Municipal Corporation Service Regulations, 1959 (to be called Regulations of 1959) the result of which is that the age of retirement of the operational staff like the petitioners upto the rank of Leading Fireman shall be 53 years and the provisions of Fundamental R. 56, so far as these relate to the age of retirement, shall not apply to such operational staff of Delhi Fire Service is constitutional and intra vires.
(2.)In exercise of the powers conferred by sub-sec. (2) of S. 241 of Government of India Act the Governor General in Council had made rules regulating the appointment of persons to Delhi Fire Service. These rules were called the Delhi Fire Service (Subordinate Service Rules) 1945 (hereinafter to be called the 1945 Rules). R. 13 provided that the superannuation of the members of the clerical establishment of Service shall be governed by directions in the Fundamental Rules respecting the retirement of ministerial service. Members of the service who had not reached the rank of Head Leading Fireman (it may be mentioned that the designation of Head Leading Fireman is now Sub-Fire Officer) were to compulsorily retire on attaining the age of 50 years and members of the service of the rank of Head Leading Fireman or any higher rank were to retire on attaining the age of 55 years.
(3.)An Act to consolidate and amend the law relating to the Municipal Corporation of Delhi being the Delhi Municipal Corporation Act 1957 (which received the assent of the President on 28-12-1957) had come into force on 27-4-1958. S. 42(u) of 1957 Act made it incumbent upon the Corporation to make adequate provisions for the maintenance of a Fire Brigade and the protection of life and property in the case of Fire. As uptil now Delhi Fire Service vested in Delhi Administration, but now because of the Delhi Municipal Corporation Act it was to be maintained by the Corporation. The Central Government in exercise of its powers under Section 515 of the Act directed the transfer of the Delhi Fire Service from Delhi Administration to the Municipal Corporation of Delhi. In pursuance of this an order was issued on 30-5-1958 that from the date of the transfer the officers and the employees shall be officers and employees of the Corporation.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.