Central Administrative Tribunal - Mumbai
Shabeer Ismail Patta vs Naval Headquarter on 24 November, 2025
1
OA No.506/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.506/2025
Dated this Monday the 24th day of November, 2025
Coram: Hon'ble Shri Justice M.G. Sewlikar, Member (J)
Hon'ble Shri Sangam Narain Srivastava, Member (A)
Shabeer Ismail Patta, Age 41 years,
Engine Driver, Group 'C', INHS Asvini, Colaba.
Mumbai-400005 and presently residing At R.No.914, Building
No.28, CGS Colony. Sector VII, Shaikh Misry Road, Antop Hill,
Mumbai-400 037. M. B. No.9820423434 Email Id -.
... Applicant
(By Advocate Shri A.I. Bhatkar)
VERSUS
1. The Union of India, Through the Secretary,
Ministry of Defence, South Block, New Delhi-110 001.
2. The Chief of the Naval Staff,
Director of Civilian Personnel, I
Integrated Headquarters of Ministry of Defence (Navy),
1st Floor, Room No. 100, Talkatora Stadium, Annexe Building,
New Delhi - 110 001.
3. The Flag Officer Commanding-in-Chief,
Headquarters, Western Naval Command, Ballard Pier,
Near Tiger Gate, Mumbai-400 001.
4. The Commanding Officer,
Indian Naval Hospital Ship (INHS) Asvini,
Colaba, Mumbai - 400 005.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=
Deepti Ganesh Munarshi
Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4,
CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2025.11.28 09:55:30+05'30'
Foxit PDF Reader Version: 2024.3.0
2
OA No.506/2025
5. Shri S.H. Tawade, presently working as Station Officer
under Respondent No.4 C/o INHS Asvini, Colaba,
Mumbai-400 005. ... Respondents
(By Advocate Shri Sachin Patil)
Order Reserved on : 20th November, 2025.
Pronounced on: 24th November, 2025.
ORDER
Per: Sangam Narain Srivastava, Member (A)
We have heard the learned counsel for the Applicant and learned counsel for the Respondents.
2. By this application, the applicant is seeking the following reliefs:
"8(a) This Hon'ble Tribunal will be graciously pleased to call for the records pertaining to the issuance of impugned order dated 02.04.2025 and after going through the legality and validity of the same quash and set aside the same.
8(b) This Hon'ble Tribunal will be graciously pleased to call for the records and proceedings pertaining to the issuance of the panel dated 31.12.2024 and promotion order dated 31.12.2024 and after going through the legality and validity of the same, quash and set aside the same.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No.506/2025 8(c) This Hon'ble Tribunal will be graciously pleased to direct the Respondents to consider the case of the Applicant for promotion to the post of Station Officer in accordance with the provisions of Recruitment Rules published vide SRO 15 dated 23.02.2024 against the vacancy which has become available from 01.01.2025.
8(d) This Hon'ble Tribunal will be graciously pleased to hold and declare that the Applicant is eligible and entitled to be promoted to the post of Station Officer with effect from 01.01.2025 and order accordingly.
8(e) This Hon'ble Tribunal will be graciously pleased to direct the Respondents to grant all consequential benefits as admissible under the rules.
8(f) This Hon'ble Tribunal will be graciously pleased to pass such other and further orders as deemed fit in the facts and circumstances of the case.
8(g) Cost of this application be provided for."
3. The applicant was appointed as Fire Engine Driver (FED) on regular basis with effect from 27th November, 2007 as a direct recruit and posted at Indian Naval Hospital Ship (INHS) Asvini under the Western Naval Command. It is contended by Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No.506/2025 the applicant that he is eligible for promotion to the post of Station Officer as per the Recruitment Rules for the post of Station Officer. The incumbent Station Officer, Shri S.N. Bhabal, was due to retire on 31st December, 2024 and the applicant submitted his representation on 26th October, 2024 (Annexure A-
7) with a request to consider his case for promotion to the post of Station Officer against the vacancy arising due to the retirement of Shri Bhabal. The applicant made a reference to the Recruitment Rules in the said representation. Representation was forwarded by the Respondent No.4 to Respondent No.3 on 05th November, 2024 (Annexure A-8) which mentioned that Shri Bhabal was appointed as Station Officer from his previous post i.e., Leading Fireman and, therefore, as per the Rota Quota register maintained, the vacancy arising should be filled by Fire Engine Driver.
3.2 The respondents thereafter published the panel for promotion from the post of Leading Fireman to Station Officer in which Shri S.H. Tawade, Leading Fireman was placed at Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No.506/2025 sr.no.1 and Shri N.R. Matkar, Leading Fireman was placed in the Extended Panel as Shri S.H. Tawade was to retire on 30th November, 2025.
3.3 It is contended by the applicant that the placement in the panel and subsequently promoting Shri Tawade, Leading Fireman to the post of Station Officer is against the provisions of Recruitment Rules published vide SRO 15. It is further contended that it is also in violation of Articles 14 and 16 of the Constitution of India. The applicant submits that the Recruitment Rules require 50% of the post of Station Officer to be filled by Leading Fireman and 50% by Fire Engine Drivers and since there was only one post of Station Officer at INHS Asvini, the post must alternate between Leading Fireman and Fire Engine Driver. It is further pointed out that promotion to Station Officer is being done in this manner in other Divisions under the Western Naval Command. In support of this, the applicant submitted Annexure A-11 i.e., Seniority List of Fire Fighting Staff as on 01st April, 2024 - INS TUNIR.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No.506/2025 It was explained by the applicant that in this Division, the Rota Quota is followed and accordingly Shri P.D. Koli, Station Officer from the Leading Fireman Quota was succeeded by Shri M.B. Thali from the Fire Engine Driver quota, despite there being two Leading Firemen, senior to Mr. M.B. Thali. Therefore, the present OA.
4. The respondents in their reply have submitted that SRO 76 of 1982 has been replaced by SRO 15 of 2024 dated 23rd February, 2024 and was notified in the Gazette on 16th March, 2024. It is submitted that the DPC for the year 2025 was convened as per SRO 15 of 2024. It is submitted that in the DPC Year 2025, there was only one vacancy available in the grade of 'Station Officer' and that vacancy was filled from Leading Fireman as per the extant SRO 15 of 2024 and, therefore, Shri S.H. Tawade, Leading Fireman was considered for promotion w.e.f. 01st January, 2025 and since Shri Tawade was to retire on 30th November, 2025 creating a vacancy, the next Leading Fireman in Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA No.506/2025 the seniority list was included in the Extended Panel and would be promoted w.e.f. 01st December, 2025.
5. It is explained that the provisions for promotion to the post of Station Officer i.e., "50% by promotion from Leading Hand Fire (Selection Grade) and 50% from Fire Engine Drivers Grade
-I failing that by transfer and failing that by direct recruitment" was available in the earlier SRO of 76 of 1982 which was replaced by SRO 15 of 2024 and that does not contain this clause. It is also submitted that representation of the applicant was disposed of bringing out all the above relevant facts. It was argued that since SRO 15 of 2024, which was the applicable Recruitment Rules for promotion in 2025 and the same has been applied, therefore, the OA needs to be dismissed.
6. We have given thoughtful consideration to the submissions made by the learned counsel for the applicant and learned counsel for the respondents and have perused the pleadings on record.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No.506/2025
7. There is no dispute in the fact that the vacancy of Station Officer arose on superannuation of Shri S.N. Bhabal, who belonged to the Leading Fireman category. The seniority list of Fire Fighting Staff as on 01st April, 2024 at INHS Asvini placed at page 39 and 40 of the OA has also not been disputed by the respondents. According to the applicant, since the incumbent Station Officer was from the Leading Fireman cadre, the next appointment to the Station Officer post has to be from Fire Engine Driver quota as there is only one post of Station Officer and the Recruitment Rules envisage 50% by promotion of Leading Fireman and 50% by promotion of Fire Engine Driver.
8. As opposed to this, the respondents contend that the DPC was convened as per SRO 15 of 2024 dated 23 rd February, 2024 notified in the Gazette on 16th March, 2024 as the vacancies to be filled was for the year 2025. It has been contended that following SRO 15, the senior-most Leading Fireman, Shri S.H. Tawade, was considered for promotion and since he was to superannuate on 30th November, 2025 and Extended Panel Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No.506/2025 containing the name of N.R. Matkar, the next Leading Fireman in the seniority list was included in the Extended Panel.
9. Since the DPC was for the vacancy year 2025, the Recruitment Rules to be considered for promotion to the post of Station Officer would be the one notified in SRO 15 of 2024. Since the controversy relates to the application of Recruitment Rules as notified by Ministry of Defence dated 23rd February, 2024 and published in the gazette on 16th March, 2024, the same is reproduced below for ready reference:-
"Ministry of Defence Notification New Delhi, the 23rd February, 2024 SRO 15 - xxx xxx xxx Schedule xxx xxx xxx Method of recruitment In case of recruitment by whether by direct promotion or by recruitment or by promotion deputation/absorption, or by deputation/absorption grades from which and percentage of the promotion or vacancies to be filled by deputation/absorption to be various methods made Column (10) Column (11) Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No.506/2025
i) Fifty percent by promotion (i) Leading Fireman in level-3 of Leading Fireman failing in the pay matrix (Rs.21700-
which by promotion of Fire 69100), with ten years regular Engine Driver; and service in the grade.
(ii) Fifty percent by promotion (ii) Fire Engine Driver in level- of Fire Engine Driver failing 3 in the pay matrix (Rs.21700-
which by promotion of 69100) with ten years regular
Leading Fireman. service in the grade and
having Elementary or Basic or
Auxiliary Fire Fighting
Course from a recognised
institute.
10. We find that as per Recruitment Rules, the feeder cadre for the post of Station Officer is Leading Fireman and Fire Engine Drivers. It is further observed that 50% of the post of Station Officer has to be filled by Leading Fireman and 50% by promotion of Fire Engine Drivers. However, since there is only one post of Station Officer in the INHS Asvini Division, the only way this can be implemented is by applying a Rota Quota method, i.e. Station Officer from the Leading Fireman has to be succeeded by a Station Officer from the Fire Engine Drivers and vice versa.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No.506/2025
11. The admitted position is that Shri Bhabal was from the Leading Fireman quota and, therefore, the vacancy arising on his retirement ought to have been filled by a candidate from the Fire Engine Driver quota. The respondents, however, have proceeded to fill the post with another Leading Fireman as he was the senior most Fireman at INHS Asvini. This however is not in accordance with the rules notified and applied.
12. Learned counsel Shri Patil for the respondents submitted that Shri Matkar is a necessary party to this petition as he is going to be affected because of the order in this OA. We do not find any substance in this contention. Shri Matkar has not been appointed in the promotional post. Shri Tawade is appointed on promotional post and he would be directly affected because of the order that would be passed in this OA and he has been arrayed as Respondent No.3.
13. The Station Officer following Shri Bhabal (Leading Fireman) needs to be filled by promotion from the Fire Engine Driver quota. We, therefore, find that the DPC for promotion to Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA No.506/2025 the post of Station Officer has not properly considered the Recruitment Rules in this respect. The panel for promotion to the post of Station Officer for the year 2025 declared vide letter dated 31st December, 2024 (Annexure A-2) is hereby quashed. The respondents are directed to reconvene the DPC for the year 2025 and release the panel for promotion to the post of Station Officer in accordance with the observations made herein. The DPC will consider only eligible Fire Engine Drivers. Leading Fireman would not be considered in view of the discussion above.
14. Before we part, it would be in the fitness to state that there is no material difference between SRO 76 of 1982 and SRO 15 of 2024 except that the designation of 'Leading Hand Fire' has been replaced with 'Leading Fireman'. This in our opinion will not permit Leading Fireman to be considered once again to replace the candidate from Leading Hand Fire Quota as they are the same cadre and only nomenclature has changed. Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
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15. In view of the above, Original Application is allowed. Pending MAs, if any, stand closed. No costs.
(Sangam Narain Srivastava) (Justice M.G. Sewlikar) Member (A) Member (J) dm.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.11.28 09:55:30+05'30' Foxit PDF Reader Version: 2024.3.0