M SHAHUL HAMEED Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) On consent, the writ petition is taken up for final hearing. The petitioner in this writ petition has challenged the validity of notification G.O.Ms.No.1224 dated 24.09.2008 in and by which an amendment is issued to Rule (2) of the Special Rules in the Tamil Nadu Fire Service in respect of recruitment to the post of Director of fire service.

(2.) The petitioner herein is, as on the date of filing of the writ petition and as on today, working as the Deputy Director and the petitioner is having more meritorius service throughout his carrier. The next promotional cadre is Director of Fire Service. There are two sources of recruitment to the post of Director, Fire Service, (a) Promotion from the post of Deputy Director, Fire Service (or) (b) Recruited by transfer from Indian Administration Service (or) Indian Police Service. According to the petitioner, the promotional post is to be necessarily filled up by resorting the first source of recruitment i.e., Promotion from the post of Deputy Director, Fire service, and only in the event of non availability of eligible officers in the cadre of Deputy Director, the second mode of recruitment, i.e., by transfer from other services, could be resorted.

(3.) The petitioner seeks support, for his contention, from the order of this Court made in W.P.No.13696 of 2008, dated 03.07.2008. The writ petition was filed by the then, Deputy Director (Rescue), by name, R.Balsami, for directing the respondents to prepare a panel of eligible Deputy Directors of Fire and Rescue Services fit for promotion and to consequently promote the petitioner therein. While dealing with the said writ petition, the learned Single Judge of this Court, in para 3, has referred to an earlier observation made by our Division Bench in W.P.No.30697 of 2006. The observation made by the Division Bench on the basis of the undertaking given by the respondents, i.e. State of Tamilnadu, represented by its Secretary to Home Department and the Director of Fire and Rescue Services is that while filling up vacancy in the post of Director of Fire and Rescue Services, first they would consider the eligible persons availble in the feeder post of Deputy Director by drawing a panel and they would resort to appointment by transfer only if there is no suitable canditate available for promotion. In view of the earlier order, W.P.No.30697 of 2006 was disposed of on 03.07.2008 by directing the first respondent, Government, to consider the writ petitioner's representation in the light of the undertaking as referred to above.