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2. On a cadre review of Fire Brigade Driver's undertaken to improve their service conditions, the Government of India introduced a four grade structure vide its order dated 17.9.2002 whereby the following graded structure, with new pay scales was introduced: 

 Fire Engine Driver-A              Rs. 3050-4590
Fire Engine Driver-II             Rs. 4000-6000
Fire Engine Driver-I              Rs. 4500-7000
Fire Engine Driver-Special Grade  Rs. 5000-8000.

3. With introduction of this graded structure, the promotional opportunities in the cadre of Fire Engine Driver's improved considerably and, therefore, it was felt that it is no longer necessary to persist with dual promotional avenues for them. The policy of dual promotional avenues made available to certain other cadres has also been deprecated by the Government of India. It was with this objective, that a policy decision was taken to do away with the provision of having Fire Engine Driver as a feeder cadre of Supervisor (Non-Technical). In the same order it was also mentioned that deletion of the Fire Engine Drivers from the feeder cadre for promotion to grade of Supervisor (Non-Technical) will lead to removal of stagnation for other feeder cadres. Accordingly, new SRO 148 of 2004 was introduced in the changed circumstances following cadre review having been undertaken in these cases.

(c) to quash and set aside the impugned order dated 8.7.2006.

4. The facts in brief may be summed as follows:

(i) that applicant No. 1 joined the respondents as messenger boy on 9.8.1978 and applicant No. 2 as messenger on 26.5.1983 in the pay scale of Rs. 160-170. Both of them appeared as per rules in the test of Fire Man Grade-II. Applicant No. 1 joined as Fire Man Grade-I on 28.12.1981 and applicant No. 2 in the month of January, 1988;
(ii) that both the applicants were promoted as Fireman Grade-I on 15.7.1985 and April, 1991 respectively. It is clearly mentioned in the rules that Fireman Grade-I can also appear in the test prescribed for appointment on promotion to the post of Fire Engine Driver. Applicants qualified for said post in the aforesaid test of Fire Engine Driver and accordingly joined with effect from 14.3.1997 and April, 1998 respectively;
(v) that Fire Engine Driver (Fire Brigade Driver) have been eligible for the post of Supervisor since the inception of Ordnance Factory. According to the Recruitment Rules for the post of Supervisor notified in the year 1989 and 1996, Fire Engine Drivers are eligible for promotion to the post of Supervisor. It was for the first time, in the year 2004, the post of Fire Engine Driver was deleted from the Recruitment Rules vide SRO No. 148 dated 30.9.2004;
(vi) that in terms of Recruitment Rules for the post of Supervisor notified vide SRO No. 74 issued in April, 1996 all LDCs, Storekeeper, Photographer with three years regular service in the grade, Subedar Darban (with 8 years service in the grade), Leading Hand Fire and Driver Fire Brigade (with three years of regular service having passed the Sr. Fire Supervisor Course from Defence Institute, New Delhi) were all eligible for promotion to the post of Supervisor (Non-Technical);
(ii) that in terms of OA 576/206 the respondents have passed a detailed speaking order dated 8.7.2006 which is being challenge herein. A perusal of Speaking Order would show that the prime reason for amendment of the Recruitment Rules for promotion of Supervisor (Non-Technical) was due to the fact that as a result of upgradation of one of the feeder category, i.e. viz Fire Engine Driver, necessitated change in the Recruitment Rules. With regard to Fire Engine Driver it is submitted that the same has been categorized in a four grade structure with new pay scales. The above categorization was done with a view to confer better promotional opportunities for the cadre of Fire Engine Drivers. Since Fire Engine Drivers were provided with adequate promotional avenues, a need was felt to amend the Recruitment Rules of Supervisor (Non-Technical) by deleting the cadre of Fire Engine Driver and incorporating therein that the posts of Supervisor (NY/OTS) will be filled by promotion from other eligible employees of Lower Division Clerk, Photographer, Telephone Operator Grade-II with 03 years of regular service in the grade of 5% of posts of Supervisor (NY/OTS) be filled from Subedar Durwan with 8 years regular service in the grade and Leading Hand Fire with 03 years of regular service possessing any of the qualification, as specified below: