B.Ganesan, S/O. Baluchamy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16355 of 2016 B.Ganesan ... Petitioner -vs1. The State of Tamil Nadu represented by the Secretary to Government, Home Department, Fort St. George, Chennai 600 009.
2. The Additional Director General of Police & Inspector General of Prisons, Tamil Nadu, Egmore, Chennai 600 008.
3. The Assistant Jailor, Sub Jail, Usilampatti, Madurai District.
... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the second respondent herein to consider the representation of the petitioner dated 11.08.2016 in the light of the proceedings of the second respondent in No.48702/EW.3/2011 dated 30.06.2015 and to revise the seniority within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.D.Sivaraman For Respondents : Mrs.S.Bharathi Government Advocate
O R D E R
The petitioner was appointed as Grade-II Warder on 02.01.2007 by the selection conducted by the Tamil Nadu Public Service Commission. Since then he has been working as Grade II Warder in Sub-Jail, Usilampatti, Madurai District. The panel of Grade II Warder fit for promotion to the post of Grade I warder for the
year 2014-2015, was published by the second respondent, the Additional Director General of Police and Inspector General of Prisons, Tamil Nadu, Egmore. His name has been shown as Sl.No.412. As a matter of fact, his name should have been placed in Sl.No.120 in the panel, dated 11.04.2014. As per the original list given by the Tamil Nadu Public Service Commission, his name was shown as Sl.No.2 in between R.Alagukrishnaraj, Sl.No.I and M.Venkateswaran, Sl.No.3. Therefore, there is no change of seniority list. Admittedly, the petitioner not having any adverse report or records or punishment whatsoever currency of punishment or pendency of charge memo. He should be always shown in between the same two persons viz., R.Alagukrishnaraj and M.Venkateswaran.
This is the correct position as per Rule 35(a) of the General Rules for the Tamil Nadu State and Subordinate Services. In this regard, a clarification was also sought for departmentally. Proceedings dated 30.06.2015 also has been issued by the Additional Director General of Police and Inspector General of Prisons, Chennai, stating that the seniority of Grade-II Warder should be prepared as per the rank secured in the list submitted by the Tamil Nadu Union Services Recruitment Board. Therefore, when the Rule 35(a) as directed to be followed by the proceedings dated 30.06.2015 issued by the Additional Director General of Police and Inspector General of Prisosn, Chennai, the petitioner's representations dated 27.07.2015 and 11.08.2016 submitted to the second respondent will be directed to be considered.
2. The learned Government Advocate appearing for the respondents after seeing the Rule position to the reference as contended by the petitioner and under Rule 35(a) of the General Rules for the Tamil Nadu State and Subordinate Services read with the Proceedings dated 30.06.2015 issued by the second respondent, sought time to consider the petitioner's representation.
3. Recording the request of the learned Government Advocate, the second respondent is directed to consider the representation of the petitioner dated 27.07.2015 and 11.08.2016 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, in the light of the proceedings dated 30.06.2015 issued by the second respondent.
4. With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar
To
1. The Secretary to Government, Home Department, Fort St. George, Chennai 600 009.
2. The Additional Director General of Police & Inspector General of Prisons, Tamil Nadu, Egmore, Chennai 600 008.
3. The Assistant Jailor, Sub Jail, Usilampatti, Madurai District.
+1cc Mr.D.Sivaraman, Advocate SR.No.48914 +1cc to the special Government Pleader SR.No.48960 akv sm:sks-rr:17/10/2016:2P/6C W.P.(MD)No.16355 of 2016 31.08.2016