R.Sudhamathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.7558 of 2007 1.R.Sudhamathi 2.K.Nirmala 3.R.Gandhimathi 4.G.Vasantha 5.S.Rukmani 6.G.Pappu ... Petitioners Vs.

1.The Secretary to Government, Home (Prison) Department, Fort St.George, Chennai-600 009.

2.The Inspector General of Police, Anna Salai, Chennai-600 002.

3.The Superintendent of Police, Central Prison, Trichy-620 020.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to regularise the services of the petitioners herein as Female (Escort) Warders from the date of their original appointment with all consequential service and monetary benefits.

For Petitioners : Mr.G.Bala For Respondents : Mr.J.Ramesh, Additional Govt.Pleader

O R D E R

This writ petition has been filed by the petitioners for a directioin to the respondents to regularise their services as Female (Escort) Warders from the date of their original appointment with all consequential service and monetary benefits.

https://hcservices.ecourts.gov.in/hcservices/

2.When this writ petition was taken up, the learned counsel appearing on either side have submitted that the issue involved in this writ petition is squarely covered by the order of this Court in W.P.Nos. 18681 and 18685 of 2014 dated 28.07.2017. 3.In the said decision, the learned single Judge, considering the case of similarly situated persons like that of the petitioners herein, held that the petitioners therein are entitled to regularisation with effect from the date of original appointment with continuity of service. But of course, it was ordered that the pay scale for the period has to be taken into account notionally and it has been made clear that the petitioners therein are not entitled to any arrears of pay for the said period and that the said period from the date of initial appointment shall be counted for all purposes except for arrears. With these observations, the learned single Judge set aside the orders impugned therein and allowed the writ petitions to the said extent.

4.In view of the above, this writ petition is disposed of on the same lines, as observed by this Court in the order made in W.P.Nos. 18681 and 18685 of 2014 dated 28.07.2017. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, Home (Prison) Department, Fort St.George, Chennai-600 009.

2.The Inspector General of Police, Anna Salai, Chennai-600 002.

3.The Superintendent of Police, Central Prison, Trichy-620 020.

+1 cc to the Government Pleader, Sr.No.87974 +1 cc to M/s.G.Bala & Daisy, Advocate Sr.No.87560 W.P.No.7558 of 2007 SS(CO) CSL/24.01.2019 https://hcservices.ecourts.gov.in/hcservices/