P.Sabareeswaran v. The Director General Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA and WMP.No.40487 of 2025 P.Sabareeswaran ... Petitioner Vs.

1.The Director General Of Prison Office Of Director General Of Prison, Whannels Road, Egmore, Chennai District-600 008 2.The Superintendent Of Prison Central Prison, Coimbatore, Coimbatore District-600 008 3.The Superintendent Of Prison District Jain Erode @ Gopichettipalayam, Erode District 4.The Superintendent Of Prison Central Prison, Trichy

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for records pertaining to the impugned order of the 1st respondent in Proceedings No.TNPCS/4537/2025-EW3, dated 28.8.2025 quash the same as being illegal, arbitrary unreasonable and consequently directing the 1st 1/6

respondent to forthwith accept the petitioner's representation dated 26.7.2025 ad issue necessary orders to effect the mutual transfer between the petitioner and Thiru.C.Jayaraj, Grade I Warder, District Jail, Erode @ Gopichettipalayam, within a time frame.

For Petitioner : Mr.M.Dinesh For Respondents : Mr.S.Yashwanth, AGP

O R D E R

This Writ Petition has been filed challenging the order passed by the 1st respondent dated 28.08.2025, whereby the petitioner's request for mutual transfer was rejected.

2. It is the case of the petitioner that he is presently serving as a Grade I Warder at the Central Prison, Tiruchirappalli. Due to certain medical issues, he submitted an application for mutual transfer along with Mr. C. Jayaraj, who is also a Grade I Warder posted at the District Jail, Erode. However, the 1st respondent rejected the application on the ground that the other applicant Mr.C. Jayaraj had not completed one year of service at his current station. Aggrieved by the same, the petitioner has filed the present Writ Petition.

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3. The learned counsel for the petitioner would submit that the petitioner has completed one year of service. He would further contend that the petitioner has been subjected to frequent transfers across various prisons and in view of the medical issues faced by the petitioner his case may be considered on humanitarian grounds.

4. Per contra, Mr.S. Yashwanth, learned Additional Government Pleader appearing for the respondents would submit that the petitioner and the other applicant Mr.C.Jayaraj have not completed their one year of service in the present station as per the Government letter dated 21.03.1994.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the records.

6. As per the Government letter dated 21.03.1994, the applicant should have at least completed one year of service in his present station. Since both the petitioner as well as the other applicant, namely, C.Jayaraj has not completed one year of service at the new station, the application 3/6

seeking for mutual transfer has been rightly rejected by the 1st respondent. However, while rejecting the request of mutual transfer, the 1st respondent granted liberty to the petitioner to submit a fresh application for mutual transfer upon fulfilling the prescribed eligibility criteria. Therefore, I do not find any infirmity or illegality in the order passed by the 1st respondent.

7. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed 26.09.2025 Index : Yes/No Speaking Order: Yes/No (shr) 4/6

To 1.The Director General Of Prison Office Of Director General Of Prison, Whannels Road, Egmore, Chennai District-600 008 2.The Superintendent Of Prison Central Prison, Coimbatore, Coimbatore District-600 008 3.The Superintendent Of Prison District Jain Erode @ Gopichettipalayam, Erode District 4.The Superintendent Of Prison Central Prison, Trichy 5/6

A.D.JAGADISH CHANDIRA . J., (shr) and WMP.No.40487 of 2025 26.09.2025 6/6