- (1.) This petition filed under Article 226 of the Constitution is directed against the order dated 26.2.2007 (Annexure P.4) seeking to revert the petitioners from the post of Station Fire Officers to that of Sub Fire Officers who have been working in various Municipal Councils. The petitioners were promoted from the post of Sub Fire Officer to that of Station Fire Officer in July, 2006. It has not been disputed before us that the petitioners have been promoted ahead of their seniors in the tentative seniority list of Sub Fire Officers of the Municipal Councils and their seniors have not been considered for promotion. On the afore-mentioned ground, the government decided to consider the matter afresh and promotion orders of the petitioners were withdrawn. They have, however, been asked to continue as Sub Fire Officers in the same Municipal Council where they were working as Station Fire Officers.
(2.) We have heard Mr. H.S. Sethi, learned counsel for the petitioners at a considerable length. The first and fore-most argument raised by him is that the impugned order reverting the petitioner has been passed without complying with the principles of natural justice of issuing show cause notice and then affording of an opportunity of hearing to them. On merits it is sought to be submitted that the requirement of diploma in Fire Engineering from National Fire Services College, Nagpur or equivalent examination has been introduced by the Director Local Bodies and in that regard reliance has been placed on Clause 28 of the Standing Order, as per the averments made in paras 3 and 8 of the writ petition. Accordingly it was sought to be argued that the Director- respondent No. 2 adopted the Draft Recruitment Rules providing for passing of Diploma in Fire Engineering from the National Fire Service College or equivalent examination prescribed by the Standing Fire Advisory Committee (Annexure P.1). The afore-mentioned rules are stated to have been adopted and it is claimed that the petitioners were promoted as [tation Fire Officer on the basis of the diploma qualifications acquired by them from the prescribed college. Promotion order dated 3.7.2006 in respect of petitioner nos. 1 to 2 and 4 and the order dated 5.7.2006 in respect of petitioner no. 3 have been placed on record as Annexures P.2 and P.3.
(3.) We have thoughtfully considered the submissions made by the learned counsel and are of the view that the writ petition is devoid of any merit. On merits it is abundantly clear that Punjab Municipal Service (Recruitment and Conditions of Service) Rules, 1975 governs the service conditions of the petitioners. It also regulates the promotion from the post of Sub Fire Officer to that of Station Fire Officer. The matter came up for consideration of this Court in CWP No. 4258 of 2000 which has been decided on 8.11.2001 holding that the qualification of diploma in Fire Engineering from National Fire College, Nagpur has been prescribed only for those who are to be appointed by way of direct recruitment. In other words, no qualification of diploma in Fire Engineering from National Fire Service, Nagpur is required for promotion. On that ground, the petitioners who are admittedly junior to number of persons would naturally not be entitled to be considered for promotion ahead of their seniors on the basis of so called qualification of diploma. The precise question has been answered by the Division Bench by observing as under : "We find that only for an appointment by direct recruitment it has been prescribed that the candidates should hold a diploma in Fire Engineering from National Fire Services College, Nagpur, whereas there is no such prescription for appointment by way of promotion. Therefore, we find that there are no grounds for rejecting the claim of the petitioner for promotion to the post of Station Fire Officer w.e.f. the date his juniors was promoted as such. Accordingly, this writ petition is allowed directing the respondents to consider the case of the petitioner for promotion to the post of Station Fire Officer with effect from the date his juniors were promoted as such.";