S.Jagadeswari v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.NO.18895 OF 2021 (THROUGH VIDEO CONFERENCING) S.Jagadeswari ... Petitioner ..Vs..

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

2. Director General of Police / Director General of Prisons and Correctional Services, Tamil Nadu Prisons and Correctional Services Department, Whannels Road, Egmore, Chennai 600 008.

3. Superintendent of Police, Central Jail, Salem.

... Respondents Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents herein to grant the benefits as per the orders of the third respondent passed in his proceedings No.20387/Ki.Si.1/2018 dated 03.06.2019 regularising the services of the petitioner from 24.07.2000 within a time frame. For Petitioner : M/s.Bala and Daisy For Respondents : Mr.L.S.M.Hasan Fizal, G.A.

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to grant the benefits as per the orders of the third respondent passed in proceedings No.20387/Ki.Si.1/2018 dated 03.06.2019 regularising the services of the petitioner from 24.07.2000.

2. The petitioner was appointed as a Female Escort Warder through District Employment Exchange in the year 1999. However, her services were not regularised. Under these circumstances, the petitioner had filed O.A.No.5310 of 2000 before the erstwhile Tamil Nadu Administrative Tribunal. After the Tribunal was abolished, the aforesaid O.A. was transferred to this Court and re-numbered as W.P.No.991 of 2007 (T). The said Writ Petition was disposed by an order dated 28.09.2010. As per the aforesaid order, the petitioner was entitled for monetary benefits and notional benefits from the date on which the petitioner had filed aforesaid O.A. before erstwhile Tamil Nadu Administrative Tribunal.

3. This order has been ultimately accepted by the third respondent vide Proceedings No.20387/Ki.Si.1/2018 dated 03.06.2019. However, the petitioner has not been given the monetary benefits and other attendant benefits as ordered by this Court in the order dated 28.09.2010 in W.P.No.991 of 2007 (T). In this connection, the petitioner had sent two representations dated 18.02.2020 and 16.09.2020 before the third respondent. The aforesaid representations have been forwarded to the other respondents. However, no further action was taken by the respondents.

4. Appearing on behalf of the respondents, the learned Government Advocate submits that appropriate order will be passed by giving effect to the order of this Court dated 28.09.2010 as accepted by the third respondent vide Proceedings No.20387/Ki.Si.1/2018 dated 03.06.2019.

5. Recording the same, the first respondent is directed to give effect to the order of this Court dated 28.09.2010 as accepted by the third respondent vide Proceedings No.20387/Ki.Si.1/2018 dated 03.06.2019 and pass appropriate orders on the representations dated 18.02.2020 and 16.09.2020 of the petitioner within a period of six weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed with the above observations. No cost.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jen

To

1. The Secretary, Home Department, The Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Director General of Police / Director General of Prisons and Correctional Services, Tamil Nadu Prisons and Correctional Services Department, Whannels Road, Egmore, Chennai 600 008.

3. The Superintendent of Police, Central Jail, Salem.

+1cc to M/s.Bala and Daisy, Advocate, S.R.No.45746 +1cc to the Government Pleader, S.R.No.46125 W.P.No.18895 of 2021 PCH(CO) CS/12/10/2021