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              (g)    To grant such other reliefs as may be prayed for and the Tribunal may
              deem fit to grant; and

              (h)    To grant costs ofthis Original Application.

5. The brief facts of the case in OA No. 434/2016 are as under:

Ist applicant entered service under respondents as Fireman and was promoted as Leading Fireman on 1.4.2009, 2nd applicant entered service as Fireman on 3.5.1983 and was promoted as Leading Fireman on 1.5.2010, 3rd applicant entered service as Fireman on 3.5.1983 and was promoted as Leading Fireman on 10.8.2012, 4th applicant entered service as Fireman on 1.10.1991 and was promoted as Leading Fireman on 5.6.2012, 5th applicant entered service as Fireman on 16.10.2006 and was promoted as Leading Fireman on 1.4~2016, Applicants 6 to 10 entered service as Fireman on 16.10.2006, Applicants 11 & 12 joined service as Fireman on 16.7.2007, 13th applicant entered service as Fireman on 28.12.2007 and the 14th applicant entered service as Fireman on 12.2.2008. The promotional avenue of Leading Fireman is to the post of Supervisor (Fire )/Station Officer. As per the present Recruitment Rules the feeder cadre to the post of Supervisor (Fire) is Leading Fireman/Leading Hand Fire and Fire Engine Driver in the ratio of 50:50. As per the Recruitment Rules for promotion, the- Leading Fireman must have passed Matriculation and must be conversant with all types of fire extinguishers, hose fitting, various fire appliances and equipments like fire engines, trailer, fire pumps etc. whereas the Fire Engine Driver must have passed Middle School examination and must possess heavy vehicle driving licence. Hence the inclusion of the cadre of Fire Engine Driver who has less qualification and is not conversant with firefighting for promotion to the post of Supervisor (Fire) as per the L • OA Nos. 43412016 & 8601201.'i Recruitment Rules is violation of Articles 14 and 16 of the Constitution of India. The du.ties and responsibilities of the Supervisor (Fire) is to effectively supervise and guide the subordinate staff. He should have training in handling all types of firefighting appliances and equipments and experience in various types of firefighting techniques, whereas the Fire Engine Driver, if promoted as Supervisor, will not be having actual experience and knowledge in these items of work. Hence the above duties cannot be entrusted to a Fire Engine Driver. A Fireman will get promotion as Leading Fireman only after serving for 20 years. This is because of inclusion of unqualified Fire Engine Drivers in the place of qualified Leading Fireman in the category for promotion to the post of Supervisor. The inclusion of Fire Engine Drivers has seriously affected the performance of firefighting staff.

7. The inclusion of unqualified Fire Engine Drivers in the feeder category for the post of Supervisor (Fire) has brought on a situation where qualified Leading Firemen like the applicants were not getting promotion to the post of Supervisor (Fire) despite being fully qualified, whereas, persons in FED feeder category who were not qualified were getting the benefit of promotion and were made Supervisor (Fire). This situation had been the subject matter of several representations including those which may be seen at Annexures A6 and A7 respectively. A situation came about where a majority of Supervisors (Fire) were promotees from the cadre of FEDs, who were Juniors to the Firemen, if one considers their total length of service in the Department. Even more important consideration ought to be the expertise which the two· categories have acquired in the course of their service. Whereas, an FED promotee Fire Supervisor would be unaware of several nuances of modem fire fighting operations, he is yet mandated to supervise the work of the Fire Fighting Crew. The primary duty of the Fire Engine Driver is to take the Fire Fighting Units to the site of the fire and also to take them away by driving the fire truck. In contrast, the Firemen from the date of their entry into service are intensely exposed to the different aspects of modem fire fighting. In the Ordinance Factories under the same Ministry, Fire Engine Drivers are not considered for promotion to the post of Supervisor (Fire). In Kerala Fire Service also promotional avenues for the Fire Engine Drivers are restricted to Driver (Mechanic). and Vehicle Supervisor/Mechanical Supervisor and they are not allowed to come to .a position where they will be required to supervise fire fighting operations.

•• OA Nos. 43412016 & 8601201.'i avenues which are few to Supervisor (Fire) posts are divided between them and Fire Engine Drivers. The Fire Engine Drivers whose expertise is elsewhere are relatively young as there is an avenue for direct recruitment into this category. Hence, a ratio of 50:50 is unfair and discriminatory considering the just aspirations of the Firemen category.

13. Smt. Sreekala representing Shri. T.C.Govindaswamy who appeared on behalf of the party respondents i.e., those who belong to the Fire Engine Driver category argued that the provision equating Fire Engine Drivers with Leading Firemen was evolved after due consideration and it would not be correct t.o say that the FED category is getting any undue benefit out of the present dispensation. Ms. Thanuja who appeared on behalf of the official respondents representing Shri. N. Anilkumar, Sr. Standing Counsel for the Government, pointed out that there were complaints that the provisions in the Recruitment Rules were not being strictly adhered to and this has been rectified. As a result of this rectification, the 50:50 ratio is being correctly enforced. The number of people in both categories are more or less equal and it would not be prudent to reduce the avenues to one category in relation to the other. Hence, it would be necessary to persist with the present 50:50 ratio if equity is to be ensured. She also brought to our attention a decision of C.A.T Jodhpur Bench in OA 434/2016 wherein it is stated that due reasoning has to be given to any decision that Government is required to take. She prayed that the balance which has been arrived at after due consideration by fixing the ratio should not be upset without adequate examination. She also mentionedthatthe stay order in force for the last one year has resulted in a situation where promotions which the respondents wanted to give effect to, have been stopp_ed and requested that the stay may be vacated at the earliest, so that the panel already drawn up may be considered for c: ) •• promotion.

19. Per contra, official respondents have filed a reply stating that they have strictly adhered to the rules in vogue and existing practice to ensure equal representation of Leading Fireman and Fire Engine Driver in promotion to Station Officer. Upto the year 2008, DPCs were conducted according to the Recruitment Rules and eligible individuals from both the feeder categories viz., Leading Fireman and Fire Engine Drivers were given promotions alternately. Most of the Fire Engine Drivers who were appointed on direct recruitment were younger in age compared to the Leading Fireman who were promoted from the post of Fireman. Hence Leading Firemen were getting .. > L • OA Nos. 43412016 & 86012015 promotion to the post of Station Officer at the fag end of their service. There arose a . situation where 75% of the strength of Station Officers belong to the individuals promoted from FEDs. The Integrated Headquarters of Ministry of Defence directed that aue representation need to be given to the Leading Firemen stream in accordance with the Recruitment Rules. Accordingly the Station Officer post is now filled up on 50:50 basis giving equal representation to both cadres. Annexures Al and A2 have been issued strictly in accordance with the Recruitment Rules ensuring 50:50 representation of Leading Fireman and Fire Engine Drivers in the promotion post and there is nothing illegal as stated by the applicants. During 2015-16 there were 6 anticipated vacancies in the post of Station Officer due to retirement of 5 individuals from leading Firemen Stream and 1 from FED stream. However, during that period the 11th vacancy was due for Leading Fireman and accordingly all the 06 vacancies had to be offered to Leading Firemen to which they were entitled. During 2014-15 out of 3 vacancies, 2 were provided to FEDs, 01 being their replacement vacancy and the other to which their stream was entitled. Hence respondents states that there is nothing illegal in the action taken by the respondents and they prayed for dismissal of OA.