IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32350 of 2008(A)
1. R.SASIDHARAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE COMMANDANT GENERAL,
3. THE STATION OFFICER,
For Petitioner :SRI.T.R.RAJAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :04/11/2008
O R D E R
P.N.RAVINDRAN, J
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W.P.(C) NO: 32350 of 2008
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Dated this 4th day of November, 2008
J U D G M E N T
The petitioner is presently working as Assistant Station
Officer in the Fire Rescue Services Department. He entered
service as Fireman on 1-6-1984 and was promoted as Leading
Fireman by order dated 19-5-2003. He was thereafter promoted
as Assistant Station Officer in June 2008.
2. The petitioner’s grievance is that the qualifying course
prescribed by the State Government for promotion of Fireman to
the post of Leading Fireman as per Government Order dated
17-8-1988 was not being held till June 1999 and that though the
petitioner had appeared for and passed the qualifying course in
the first attempt and in the first available opportunity after entry
in service, for the reason that he did not pass qualifying course, he
has not been given the benefit of the first time bound higher grade
in the scale of pay of Leading Fireman. The petitioner submits
that for no fault of his and only for the reason that the Government
did not conduct the qualifying course for nearly 11 years after it
was introduced, he cannot be penalized. The petitioner
submits that pointing out these other aspects and claiming the
W.P.(C) NO: 32350 of 2008
2
benefit of grade promotion on completion of 10 years of service
as Fireman in the scale of pay of Leading Fireman, he has moved
the government in Exts.P1 and P2 representations dated
15-9-2007 and 23-7-2007 respectively. In this writ petition the
petitioner prays that the Government may be directed to
consider the request made by him in Exts.P1 and P2 and take a
decision thereon within a time limit to be fixed by this Court.
3. The question whether the qualifying course was not
held as stated by the petitioner nearly 11 years after it was
introduced as a qualification for promotion of Fireman as
Leading Fireman and whether the petitioner passed it in the first
available opportunity, are all matters which the respondents
have to decide at least in the first instance. Such being the
situation, I dispose of this writ petition with a direction to the
Secretary to Government, Department of Home Affairs to
consider the request made by the petitioner in Ext.P1 and P2, in
the light of the relevant Government Orders and take a decision
thereon in consultation with the second respondent. This
shall be done within 3 months from the date of receipt of
a copy of this judgment. Needless to say, the petitioner shall
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also be afforded a reasonable opportunity of being heard in the
matter.
P.N.RAVINDRAN,
JUDGE
bps