Panaganti Sridhar vs State Of Telangana on 22 January, 2025
11. This Court, having considered the submissions made
by both the parties is of the view that the Tribunal was not
justified in setting aside Rule-3 of the Rules in the absence
of counter from the State Government. The Tribunal could
not have come to a conclusion that the Driver Operator is
an inferior post than the Leading firemen. The issue as to
whether fixing the ratio or feeder categories is concerned,
the Honourable Supreme Court in the case of Dwarka
Prasad's case has held that the fixation of quotas or
providing different avenues and ladders for promotion in
favour of various categories of posts in feeder cadres based
upon the structure and pattern of the Department is a
prerogative of the employer. Admittedly, in the instant
case, it is evident that the State, in its wisdom, considered
the posts of Leading Firemen and the Driver Operator to be
equivalent and therefore, included both the posts as feeder
category for promotion to the post of Station Fire Officer.
Therefore, the Tribunal was not justified in setting aside
::12:: AKS,J & LNA,J
wp_30581_2012
&
wp_46084_2022
the Rule-3 of the Rules as issued in G.O.Ms.No.568, dated
24.11.1992, to the extent of making Driver Operator as a
feeder category for promotion.