JUDGEMENT
Rmt Teekaa Raman, J. -
(1.) The very same petitioner has filed these two writ petitions and the prayer in both the Writ Petitions are as follows:
"(a) The Writ Petition in W.P(MD).No.13202 of 2013 is filed to quash the the impugned order dated 24.04.2013 passed in Na.Ka.No.4873/A/2011 on the file of the third respondent and consequently, direct the respondents to regularize the period from 13.08.2011 to 22.09.2011 and 23.09.2011 and consider the petitioner for promotion to the post of Leading Fireman and also to award Pongal Bonus for the year 2011 to 2012 within the time limit to be stipulated by this Court.
(b) The Writ Petition in W.P(MD).No.16035 of 2013 is filed to quash the impugned order dated 06.09.2013 passed in Pa.Aa.No.247 /2013 Na.Ka.No.4873 /A/2011 on the file of the third respondent."
(2.) The necessary factual position for determination of the issue are as under:
(3.) The petitioner herein while working as a Fireman in Kanyakumari Fire and Rescue Service Station, based on the complaint dated 03.08.2011 received in the name of Staff addressed to third respondent received on 05.08.2011 through Tapal, it was alleged that one Balakrishnan, Fireman of the Kanyakumari Fire and Rescue Service Station is selling and renting out obscene CD to public and staff and thereby earning huge amounts. On receipt of the said complaint, the respondent made a surprise visit to the Kanyakumari Fire and Rescue Service Station on 05.08.2011. At that time all Staff members including the petitioner were present and regular inspection was made. To ascertain the truth of the allegation levelled in the petition, the lock of the personal trunk box of the petitioner kept in the Station premises was opened by the petitioner himself with his key in the presence of other staff members. On search, there were 17 compact discs and other 9 documents found out and they were seized under proper Attatchi. The compact discs seized from the petitioner's box was sealed in a separate cover in the presence of the petitioner and other staff members under proper acknowledgment. On 08.08.2011, the sealed cover containing the seized CDs and documents were sent to the Assistant Divisional Officer, Kanyakumari Division to verify the content and other nature of seized CDs and other documents and to report compliance. On 10.08.2011, the Assistant Divisional Officer, Fire and Rescue Services, Kanyakumari Division received the said materials and verified the same in the presence of the Station staff members including the petitioner and sent a detailed report to the respondent on 10.08.2011. The Assistant Divisional Officer, Fire and Rescue Services, Kanniyakumari Division in his report, dated 10.08.2011 has confirmed that 12 CDs contain obscene and vulgar scenes and 4 CDs containing obscene Malayalam sexual films. One CD was found not operating.;
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