- (1.) The present Letters Parent Appeal has arisen under the following facts and circumstances.
(2.) Sarvshri Nar Singh, Ramesh Chand and Ram Kishan filed a writ petition in this Court, inter alia praying for the issuance of Writ in the nature of Mandamus, directing respondent Municipality to comply with the order of the Government contained in Annexure P-7 to the writ petition, which, in turn, directed the respondent Municipality to implement the earlier order of the Government dated 18th September, 1979, contained in Annexure P-5 to the writ petition. The grievances of the petitioners was that they were senior to respondents Sarvshri Siri Chand, Hans Raj and Gautam Singh (Respondents 5 to 7 in the writ petition), as Fireman and they were wrongly ignored for promotion to the post of Leading Fireman. In spite of the direction contained in the Government letter dated 18th September, 1979 (Annexure P-5) and the letter dated 19th March, 1980 (Annexure P-7), directing the Municipality to consider and promot the petitioners on the basis of seniority-cum-merit, the Municipality had refused to consider their cases for promotion.
(3.) The case as put forth by the Private respondents and the Municipality before the learned Single Judge was that as per the qualifications laid down by the Punjab Government vide Gazette Notification dated 17th August, 1962, which had incorporated amendments to the Rules with regard to the Fireman and working of Fire Brigades, which were earlier published in 1925, the petitioners were not qualified for being considered for promotion to the post of Leading Fireman inasmuch as according to the Gazette Notification, no Non-Matriculate could be promoted to the post of Leading Fireman and since the petitioners were not Matriculate, they could not claim promotion to the post of Leading Fireman. It will be relevant to notice the qualifications for the Leading Fireman as laid down in the 1962 Gazette :- Rule 15. No Committee shall appoint fire brigade personnel holding qualifications less than those prescribed in Annexure except with the approval of Government. Annexure E-III is in the following terms :- Schedule of qualifications for the recruitment of fire brigade staff for Class III towns having population of 50,000 to 1,00,000. Leading Firemen. (i) Matric Minimum. (ii) Leading fireman may be promoted from fireman in order of seniority and merit, preference being given to those who have got training in first-aid and water supply distribution system and possess motor driving licence/." 4. It will be apposite at this stage to reproduce the Government directions contained in letter dated 18th September, 1979 (Annexure P-5) and letter dated 19th March, 1980 (Annexure P-7) :- Annexure P-5 -------------- Subject : Representation of Sarvshri Nar Singh, Ramesh Chand and Ram Kishan Firemen Municipality, Yamuna Nagar in respect of their promotion to the post of Leading Fireman. In reference to your letter No. nil dated 5.7.79 on the above mentioned subject. 2. After considering this matter thoroughly the Government gives this direction and order you that promotion to the post of Leading Fireman on the basis of Seniority-cum-Merit, because post of Leading Fireman as for clause No. 2 is, can be filled from Fireman on the basis of Seniority, as given in sub-clause (2) of their qualification. Under the circumstances, if Sarvshri Nar Singh, Ramesh Chand and Ram Kishan are the senior most and if their record is also good, they may be promoted to the post of Leading Fireman and the Government may be informed about the action taken in this matter." Annexure P-7 ---------- From The Commissioner and Secretary to Government of Haryana, Local Self Government Department. To The Administrator, Municipality, Yamunanagar. Reference Number 20/68/79-5(2) dated 19.3.80. Subject : Representation of Sarvshri Nar Singh, Ramesh Chand and Ram Kishan Fireman Municipality Yamuna Nagar in respect of their promotion to the post of Leading Fireman. In reference to your letter No. 3204 dated 7.11.79, on the above mentioned subject. 2. You are hereby ordered that the order reference No. 20/68/79-5K(2) dated 18.9.79, of the Government should be implemented at once. There is no need of giving relaxation in the academic qualification of the workers because the post of Leading Fireman ought to have been filled by promotion. 3. Kindly Government may be informed, of the action after complying with the orders.";