IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2010 CORAM THE HON'BLE MR.JUSTICE R. SUDHAKAR W.P.Nos.34144, 37344 and 37549 of 2006 A. JAYAKUMAR ..Petitioner in W.P.No.34144/2006 S.V. MARIMUTHU ..Petitioner in W.P.No.37344/2006 M.CHENDIL KUMAR ..Petitioner in W.P.No.37549/2006 Vs 1.THE GOVT. OF TAMIL NADU REP. BY THE SECRETARY TO GOVT. HOME (PRISON) DEPARTMENT, FORT. ST. GEORGE, CHENNAI - 09. 2.THE INSPECTOR GENERAL OF PRISON, ANNA SALAI, CHENNAI-02. ..Respondents in all writ petitions Prayer in W.P.No.34144 of 2006 Original Application Nos.10699 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction to call for the entire records pertaining to the impugned rejection order passed by the First respondent in his proceedings No. 37173/B1 (2)/98-3 dated 4-11-98 and quash and further direct the respondents to promote the Petitioner as Junior Asst. w.e.f. the date of promotion of his Junior Tmt. K. lakshmi (Now the said Tmt. K. Lakshmi is serving as Dy. Jailor at Central Prison, Chennai) and further direct the respondents to award all the consequential benefits on par with his said junior Tmt. K. Lakshmi. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was transferred and numbered as Writ petition. https://hcservices.ecourts.gov.in/hcservices/ Prayer in W.P.Nos.37344 and 37549 of 2006 Original Application Nos. 8217 and 8449 of 1998 respectively were filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction to direct the respondents to promote the petitioner as Junior Assistant with effect from the date of promotion of his junior K.Lakshmi (now the said Tmt.K.Lakshmi is serving as Deputy Jailor at Central Prison, Chennai) and further direct the respondents to award all the consequential benefits on par with his said junior Tmt.K.Lakshmi. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was transferred and numbered as Writ petition. For Petitioner .. Mr. K. Thennan For all writ petitions For Respondents .. Mr. S. Sivashanmugam, Government Advocate For all writ petitions COMMON ORDER Original Application No.10699 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction to call for the entire records pertaining to the impugned rejection order passed by the First respondent in his proceedings No. 37173/B1 (2)/98-3 dated 4-11-98 and quash and further direct the respondents to promote the Petitioner as Junior Asst. w.e.f. the date of promotion of his Junior Tmt. K. lakshmi (Now the said Tmt. K. Lakshmi is serving as Dy. Jailor at Central Prison, Chennai) and further direct the respondents to award all the consequential benefits on par with his said junior Tmt. K. Lakshmi. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was transferred and numbered as Writ petition. 2. Original Application Nos. 8217 and 8449 of 1998 respectively were filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction to direct the respondents to promote the petitioners as Junior Assistant with effect from the date of promotion of their junior K.Lakshmi (now the said Tmt.K.Lakshmi is serving as Deputy Jailor at Central Prison, Chennai) and further direct the respondents to award all the consequential benefits on par with his said junior Tmt.K.Lakshmi. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was transferred and numbered as Writ petition. 3. All the three record clerks seek promotion as Junior Assistant with effect from the date of promotion of one K. Lakshmi, stating that they are seniors to the said person and on the date when Lakshmi was promoted, their claim should have also been considered. https://hcservices.ecourts.gov.in/hcservices/ The grievance of the petitioner in short is stated para 6.2 of the original applications which reads as follows:- "6(2). It is submitted that one Tmt.K.Lakshmi, who had served as "Female Grade II Warder" from 22.09.78. She continued without any reversion. She had filed a case before the Hon'ble Tribunal in o.A.No.5683 of 1992 and obtained direction for promotion to the post of Junior Assistant. Based on the Hon'ble Tribunal direction in O.A.No.5683 of 1992 the First respondent, Secretary to Government, Home Department in G.O.Ms.No.1494 Home (Prison II) Department dt. 7.10.1996 had promoted the following 4 persons. 1. Thiru. A. John Devaraj Sundersingh 28.11.86 2. Thiru.P.Ponnuraj 17.12.86 3. Thirumathi. K. Lakshmi 22.10.86 4. Thiru. S.A. Arumugam 08.10.86 out of 4 person the (1). Tmt. K. Lakshmi (2) S.A.Arumugam both of them are juniors to the applicant in the lower category. As per the Government letter issued by the P&AR Department, Fort.St.George, Chennai – 9 in Government letter No.71041/81-2 dated 03.10.81, all the last Grade servants has to be taken as feeder category for promotion to the post of "Junior Assistant". So, the applicatn who is senior is entitled to get promotion as "Junior Assistant" with effect from the date on which the Applicants junior Tmt.K.Lakshmi was promoted as Junior Assistant on 22.10.86 with all consequential benefits onpar with the said junior Tmt.K.Lakshmi. The said applicants junior Tmt.Lakshmi was further promoted as Deputy Jailor (Matern) for the past one month. " 4. The learned counsel for the petitioners, now states that they are not seeking to set aside the promotion given to Lakshmi, but they only pray for their promotion on par with the said Lakshmi and in this regard, they may be permitted to make a representation to the competent authority to consider their claim for appropriate relief. 5. Heard Mr. S. Sivashanmugam, Learned Government Advocate. In view of the nature of relief sought for, the petitioners are at liberty to make a representation to the first respondent for the above said relief and such representation, if made, shall be considered by the first respondent on merits and disposed of within a period of 3 months from the date of receipt of such representation. The writ petition stands disposed of as above. No costs. Sd/ Asst.Registrar /true copy/ sms Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.THE SECRETARY TO GOVERNMENT OF TAMIL NADU HOME (PRISON) DEPARTMENT, FORT. ST. GEORGE, CHENNAI - 09. 2.THE INSPECTOR GENERAL OF PRISON, ANNA SALAI, CHENNAI-02. + 1 c.c. to The Government Pleader. S.R.No.10949. W.P.Nos.34144, 37344 and 37549 of 2006 RS (CO) GSK 18.03.2010. https://hcservices.ecourts.gov.in/hcservices/