Rajesh Kumar vs Govt. Of NCT Of Delhi & Others

Method of

recruitment

whether by direct

recruitment or by

promotion or by

deputation/

transfer and

percentage of the

vacancies be filled

by various methods","In case of recruitment by

promotions/

deputation/transfer grades

from which

promotion/deputation/tra

nsfer to be made","If a DPC exists,

what is its

composition.","Circumstances

in which UPSC

is to be

consulted

11,12,13,14

By promotion,"“(i) 80% by promotion of

fireman with 5 years regular

service in the grade of

Rs.1200-85- 4900 on

seniority-cumfitness basis.

(ii) 20% by promotion of

fireman with 3 years regular

service in the grade of

Rs.3200-85- 4900 who has

qualified the Sub-Officer

from the NFSC, Nagpur or

equivalent failing which by

promotion on senioritycum-

fitness basis as mentioned

under column No.12(i)

above.

Note: The selected

candidates shall have to

undergo a training course

for a prescribed period and

pass the tests prescribed by

the Chief Fire Officer.â€​","Group ‘C’

DPC",NA

will be filled by promotion of Fireman with 3 years regular service in the grade of Rs.3200-85-4900 who have qualified the Sub-Officer from NFSC,",,,

Nagpur or equivalent… Therefore, it is evident that for promotion of those who have done the training from NFSC, Nagpur or equivalent institution,",,,

there is no seniority rule. Seniority rule is for the remaining 80%.,,,

As far as equivalence of the 2 courses is concerned, GNCTD letter No.F.PA/Controller/BTE/2014/22 dated 7.04.2014 clearly states that a",,,

Committee of five officials including the Director, Delhi Fire Services found the two courses to be equivalent and a letter for treating the two courses",,,

as equivalent, was issued with the approval of the Chief Secretary, GNCTD. It is difficult to understand that the two trainings are not treated to be",,,

equivalent when the Committee including the Director, Delhi Fire Services itself, found the two courses equivalent and the said letter to this effect has",,,

also been issued with the approval of the Chief Secretary, GNCTD, who is the head of the Delhi Administration. This is a very piquant situation.",,,

As far as the cases of Pradeep Kumar and Manoj Kumar are concerned, perhaps reliance on these need not be done. A perusal of Tribunal’s",,,

order dated 03.04.2017 passed in RA No.275/2016 reveals that the RA was allowed and the OA No.3131/2016 was directed to be listed for hearing,,,

on 17.01.2017. Neither the applicant nor the respondents have indicated what has been the outcome of the said OA, therefore, presumably it is still",,,

ongoing.,,,

On the issue of staff shortage, it certainly needs to be kept in mind that the statement of the applicant of the increase in staff between 2016 and",,,

2019 from 1800 to 2500-2600 has not been controverted by the respondents. Therefore, it is clear that there has been considerable increase in staff.",,,

Of course, Delhi Fire Service is an emergency service and would require adequate staff to perform its functions. But this has not stopped the Delhi",,,

Fire Service from nominating some people for the Nagpur Course most of the years, though they are hesitant about giving permission to anybody to",,,

participate in an equivalent course. The applicant has very fairly stated that in case he is required for services he is willing to come back immediately,,,

and also put in two extra hours everyday if required to do so. Furthermore, the applicant is paying for the training himself, hence saving departmental",,,

expenses of the organization which has itself pleaded shortage of funds.,,,

A perusal of the service rules also reveals that in case 20% vacancies which are for promotion of Fireman who have done the qualifying training,",,,

are not filled, then they would revert to seniority-cum-fitness principle. Therefore, it does appear that not giving permission to a Fireman to participate",,,

in trainings has the effect of negating, to some extent, the provision in the service rules for higher technical proficiency by undergoing training, since de",,,

facto, inadequate candidates are sponsored for the Nagpur training and permission is denied to candidates for any other equivalent training. The very",,,

purpose of providing for equivalent training in the service rules, seems to be an admission that Delhi Fire Service has limited training capacity and",,,

financial resources to train the requisite numbers.,,,

From the documents filed by the respondents on 21.01.2021, it is clear that there are 6 vacancies for the 20% promotion quota of trained Fireman,",,,

against which no candidate has been sponsored for training this year and even in 2019-2020 only 3 candidates were sponsored. Therefore, the number",,,

of candidates being sponsored for training is less far less than the 20% quota which means that untrained persons are promoted on the vacancies,,,

which come in this quota for trained candidates. If Delhi Fire Service wants to upgrade its skills, they should permit people to undergo training since",,,

this special provision is there in their service rules themselves, subject to the limit of number of vacancies available.",,,

In light of the above, I am of the view that the OA has merit and is allowed. The respondents are directed to issue NOC for the applicant to",,,

participate in the said training. In case the applicant’s services are required even during the currency of this training, he shall come back to",,,

perform his duties. There shall be no order as to costs.,,,