A.Sairam, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.278 of 2015 A.Sairam

...Petitioner

Vs.

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

2. The Additional Director General of Police, Prison Department, No.1 Gandhi-Irwin Road, Thalamuthu Natarajan Building, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison-I (Convicts), Puzhal, Chennai - 66.

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents herein to fix the seniority in the appropriate place on par with juniors to the petitioner and to promote the petitioner as Assistant Jailor on par with the juniors to the petitioner with all monetary and attendant benefits. For Petitioner : Mrs.S.T.P.Kuilmozhi For Respondents : Mr.I.Sathish Additional Government Pleader

O R D E R

The present writ petition has been filed to direct the respondents herein to fix the seniority of the petitioner in the appropriate place and to promote him as Assistant Jailor on par with the juniors to the petitioner with all monetary and attendant benefits.

2. According to the petitioner, while he was working as Grade-I Warder (UG) in Sub-jail at Thiruvallur, the third respondent had issued a charge memo under Rule 17(b) of the

Tamil Nadu Civil Servants (Conduct and Appeal ) Rules, relating to the alleged occurrence took place on 24.01.2003. Subsequently, the third respondent has dropped the charges levelled against the petitioner and thereby closed the disciplinary proceedings initiated against him.

3. According to the petitioner, his seniority has to be fixed accordingly at the appropriate time by placing the petitioner at appropriate position. The petitioner also claims that his name should have been considered in the State-wise combined seniority. Ventilating such grievances, the petitioner has made representations before the second respondent on 07.07.2014 and 08.09.2014. The grievance of the petitioner is that the said representations have not been considered so far. Therefore, he is before this Court by way of this writ petition.

4. This Court at this stage, is not expressing any view on the claim made by the petitioner as it is for the second respondent to consider and decide the grievance of the petitioner. Accordingly, this writ petition is disposed of by directing the second respondent to consider the grievance of the petitioner made through his representations and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the parties, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsk To

1. The Secretary to Government, Home (Prison) Department, Fort St.George, Chennai - 600009.

2. The Additional Director General of Police, Prison Department, No.1 Gandhi-Irwin Road, Thalamuthu Natarajan Building, Egmore, Chennai - 600008.

3. The Superintendent of Prisons, Central Prison-I (Convicts), Puzhal, Chennai - 66.

+1cc to Mrs.S.T.P.Kuilmozhi, Advocate sr.no.18839 +1cc to Government Pleader sr.no.19327 W.P.No.278 of 2015 sai(co) nr 29/03/2019