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Madras High CourtWP/32859/2019disposed of

M.Sangareswari, v. Government Of Tamil Nadu,

2019-11-25Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos. 32859, 32861, 32862 & 32864 of 2019 M.Sangareswari ...Petitioner in WP.No.32859 & 32861/2019 S.Premalatha

...Petitioner in WP.No.32862 & 32864/2019

Vs 1 Government of Tamil Nadu Rep. by its Additional Chief Secretary to Government Home (Prison. II) Department Fort St. George, Chennai - 600009.

2 The Additional Director General of Prisons, Whannels Road, Egmore, Chennai - 600008 : Respondents 1 & 2 in all Wps.

3 The Superintendent, Special Prison for Women - III, Central Jail, Puzhal, Chennai - 600066. : 3rd Respondent in WP.32859 & 32861/2019 4 The Superintendent, Nilakottai Sub Jail, Dindigul District. : 3rd Respondent in WP.32862 & 32864/2019 Prayer in WP. 32859/19: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein namely the Government of Tamil Nadu represented by Additional Chief Secretary to Government Home (Prisons. II) Department, Fort St. George, Chennai 9, to regularize the services of the Petitioner from 06.03.1989 the date of her initial appointment in the post Temporary Female Escort Warder and grand her all monetary attendant and service benefits available to the said post and pay the resultant arrears arising therefrom within a short date they may be stipulated by this Court.

Prayer in WP. 32861/19: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein namely the Government of Tamil Nadu represented by Additional Chief Secretary to Government Home (Prisons. II) Department, Fort St. George, Chennai 9, to issue suitable government orders to the effect the regularizing the services of the Petitioner as Female Escort Warder Grade II with effect from the date of her initial appointment on 06.03.1989 with attendant service and monetary benefits attached to the said post of Female Escort Warder Grade II and all other promotion benefits also and pay the resultant arrears thereon within a time-frame that may be and hereby stipulated by this Court in the light of the order issued by Hon'ble Madurai Bench of the Mardas High court in its order dated 04.06.2012 made in W.P.(Md) No.5347 of 2011 and in thelight of G.O.(Ms.)No.952, Home (Prisons. II) Department dated 29.12.2017.

Prayer in WP. 32862/19: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus,Directing the 1st respondent herein namely of Government of Tamil Nadu Represented by the Additional Chief Secretary to Government Home (Prisons. II) Department Fort St.George Chennai 9 to implement the common order of this Honorable Court dated 18.04.2012 made in W.P.No. 10615 of 2012 within a time-frame that may be stipulated by this Honorable Court.

Prayer in WP. 32864/19: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus,Direction to the 1st respondent herein namely the Government of Tamil Nadu Represented by the Additional Chief Secretary to Government Home (Prisons. II) Department Fort St. George Chennai 600009 to issue suitable government orders to the effect or regularising the services of the Petitioner as Female Escort Warder Grade II with effect from the date of her initial appointment on 26.06.2000 with attendant service and monetary benefits attached to the said post of Female Escort Warder Grade II and all other promotion benefits also and pay the resultant arrears thereon within a time frame that may be and hereby stipulated by this Court.

For Petitioner : Mr.KS.Govinda Prasad (in both Wps) For Respondents : Mrs.R.Janaki, AGP (in both Wps)

COMMON ORDER The petitioners are working as Female Escort Warder Grade II and filed a Writ Petition to issue a direction to the 1st respondent, The Government of Tamilnadu to issue suitable Government Orders to the effect of regularizing the services as Female Escort Warder Grade II with effect from the date of their initial appointment on 06.03.1989 and 26.06.2000 respectively, with attendant, service and monetary benefits attached to the said post of Female Escort Warder Grade II and all other promotion benefits also and to revise their pension on reaching superannuation and pay the resultant arrears within a time-frame fixed by this Court.

2. The learned counsel appearing for the petitioners would submit that without going into the merits of the case, it would suffice, if this Court grants liberty to the petitioners to give representation to the respondents and direction to the respondents to consider the representation that is to be filed and to pass appropriate orders.

3. Considering the limited request made by the learned counsel for the petitioners, this Court permits the petitioners to give representation to the respondents and this Court directs the respondents to consider the representation, if any, given by the petitioners, on merits and in accordance with law, as expeditiously as possible.

4.Accordingly, the Writ Petitions are disposed of. No costs.

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

1. The Additional Chief Secretary to Government, Government of Tamil Nadu, Home (Prison-II) Department, Fort St. George, Chennai 600 009.

2.The Additional Director General of Prisons, Whannels Road, Egmore, Chennai 600 008.

3.The Superintendent, Special Prison for Women Prison-III, Central Jail, Puzhal, Chennai 600 066.

4.The Superintendent, Nilakottai Sub Jail, Disndigul District.

+1CC to Mr.KS.Govinda Prasad, Advocate, SR.No.98754. +1CC to SPL. Government Plaeader, SR.No.98456. W.P.Nos. 32859, 32861, 32862 & 32864 of 2019 MP(CO) CSR: 07/01/2020