IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2010
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
W.P.NO.33612 OF 2006
1. N.Dharmalingam
2. C.S.K.Sundaram
3. S.Raju
4. K.Ganeshan
5. M.Vairavan
6. P.Govindaraju .. Petitioners
Vs
1. Inspector General of Prison,
Chennai-2.
2. The Superintendent of Prison,
Borstal School, Pudukottai. .. Respondents
PRAYER : Original Application No.10871 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to call for the records of the third respondent herein regarding the 1998 selection held for the post of Grade I Warden and to quash the proceedings of the first respondent herein published in No.47374/E2/7/98 dated 10.10.98 and No.47374/E2/7/98 dated 10.10.98 in so far as not selecting the applicant is concerned and consequently direct the respondent to promote the applicant as Grade I Warden with effect from the date of promotion of his immediate junior with all consequential monetary and service benefits and include the applicant name in the panel of Grade II Warden fit for promotion as Grade I Warden for the year 1998 in the appropriate place. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition.
For Petitioners : Mr.G.Elanchezhiyan
For Respondents : Mr.S.Sivashanmugam
Government Advocate.
O R D E R
The petitioners have challenged the proceedings of the first respondent dated 10.10.1998, where by their claim for selection to the post of Grade-I Warden was negatived.
2.The learned counsel for the petitioner now states that the Inspector General of Prison has issued a circular on 6.1.2000. Paragraphs 2 and 3 of the said circular reads as follows:
“2.In the above circumstances, the circular Ni.35345/B3?69 dated 31.7.69 are hereby cancelled. It is hereby ordered that hereafter no test shall be conducted for selecting persons for promotion to the post of Grade I Warders from among the holders of the post of Grade II Warder and they shall be selected purely on the basis of merit and ability, seniority being considered only where merit and ability are approximately equal and subject to the fulfillment of other conditions for promotion to the higher posts as prescribed in the various Government Orders issued from time to time.
3.The revised procedure shall take effect from the date of issue of this order.”
2.In view of the amended procedure prescribed by the Inspector General of Prison, the petitioners are permitted to make a representation to the respondent for redressal of their grievances. Such representation shall be disposed of on merits within a reasonable period of time preferably within three months from the date of receipt of such representation. This writ petition is disposed of accordingly. No costs.
vsm
To
1. Inspector General of Prison,
Chennai-2.
2. The Superintendent of Prison,
Borstal School,
Pudukottai