Tek Chand And Others vs Bhakra Beas Management Board (B.B.M.S.) And Others

Sr. No.,Name of Post,Method of Appointment,Minimum Educational and other qualifications,Minimum Experience

3.,Leading Fireman,"By promoti on from amongst

firemen","Qualified in subâ€"Fire Officer’s

course from National Fire Service College, Nagpur

or equivalent degree with heavy vehicles driving

license

or

Qualified in Fire Course arranged by Ministry of

Defence or Home

Affairs with heavy vehicles license

or

Departmental candidates without

any course who show appreciable

initiative and obtain good reports

with heavy vehicle license","5 years experience in

Fire Service

7 years experience in

Fire Service

10 years experience in

Fire Service

Respondent no.3 had not sought any relief for setting aside the promotion of the appellants. The High Court travelled beyond the pleadings in,,,,

annulling the promotion of the appellants. The High Court even while holding that promotion was not a matter of right, nonetheless instead of directing",,,,

consideration of the claim of respondent no.3 for promotion, exceeded its jurisdiction by issuing a mandamus for promotion. The High Court",,,,

completely lost sight of the objection of the management that there were many others senior to respondent no.3 in the category of Fireman. A writ,,,,

petition by respondent no.3 could not become a springboard for out of turn promotion superseding his seniors, taking them by surprise without an",,,,

opportunity to contest even. The impugned order directing promotion of respondent no.3, causes discrimination by a judicial order leaving the aggrieved",,,,

remediless as observed in Bharat Petroleum Corporation ExÂemployees Association vs. Bharat Petroleum Corporation Ltd. (1995) 2 SCC 15.,,,,

Appropriately the High Court ought to have directed consideration of respondent no.3 for promotion in accordance with law. However, in the facts of",,,,

the case we are not inclined to interfere with the promotion of respondent no.3.,,,,

The appeal therefore is allowed holding that the appellants were eligible to be considered for promotion. Their orders of promotion are restored,,,,

subject to the principle of seniorityÂ​cumÂ​ merit as discussed hereinabove.,,,,