A.S.Thalavai Swamy, Grade-I, v. The Staet of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD).No.1 of 2015 and W.M.P.(MD).Nos.4432 of 2016 W.P.(MD).No.12981 of 2015: A.S.Thalavai Swamy

... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Home (Prison) Department, Secretariat, Chennai – 600 009.

2.The Director General of Police, Mylapore, Chennai – 600 004.

3.The Additional Director General of Police and Chief of Prison Department, Chennai – 600 008.

4.The Accountant General Office, Anna Road, Chennai – 600 006. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the representation dated 20.04.2015 of the petitioner and to pass orders granting time bound notional promotion to the petitioner as Grade I Warder with effect 01.10.1999 and as Chief Head Warder from 01.10.2004 and as Assistant Jailor from any day prior to the date of retirement of the petitioner i.e., prior to 31.08.2013 A.N., and grant all the service and monetary benefits and revised pensionary benefits within a time limit to be fixed by this Court. W.P.(MD).No.4945 of 2016: A.S.Thalavai Swamy

... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Home (Prison) Department, Secretariat, Chennai – 600 009.

2.The Director General of Police, Mylapore, Chennai – 600 004.

3.The Additional Director General of Police and Chief of Prison Department, Egmore, Chennai – 600 008.

4.The Accountant General Office, Anna Road, Chennai – 600 006. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to proceedings No. 39215/EW1/2015 dated 30.11.2015 passed by the third respondent and quash the same and consequently direct the respondents to pass orders granting time bound notional promotion to the petitioner as Grade I Warder with effect 01.10.1999 and as Chief Head Warder from 01.10.2004 and as Assistant Jailor form any day prior to the date of retirement of the petitioner i.e. prior to 31.08.2013 A.N., and grant all the service and monetary benefits and revised pensionary benefits within a time limit to be fixed by this Court. (In both Writ Petitions): For Petitioner : Mr.A.Thirumurthy, For M/s.Victory Associates. For R-1 to R-3 : Mr.R.Suresh Kumar, Additional Government Pleader. For R-4 : Mr.P.Gunasekaran, Standing Counsel. COMMON ORDER Both the Writ Petitions are filed by the same petitioner. Hence, a common order is passed.

¶2The petitioner has challenged the order dated 30.11.2015 with consequential relief to grant notional promotion as Grade I Warder with effect

01.10.1999 and as Chief Head Warder from 01.10.2004 and as Assistant Jailor from any day prior to the date of retirement of the petitioner i.e. prior to

31.08.2013 A.N., and grant all the service and monetary benefits and revised pensionary benefits.

¶3The brief facts are that the petitioner joined the respondent service as Grade – II Warder in the year 1989. On completion of 10 years, the petitioner was granted Selection Grade in the year 1999 and Special Grade in the year 2009. The petitioner was granted promotion as Grade-I Warder on 27.10.2012. Subsequently, on attaining superannuation, he retired from service on

31.08.2013. The contention of the petitioner is that the petitioner ought to have been granted time bound promotion on completion of every 10 years or 5 years and relied on relevant Government Orders.

¶4When the Writ Petition was taken up for hearing, the learned Additional Government Pleader submitted that the relevant Government Orders are applicable to the Police Department. But the petitioner has served in prison and the Prison Department has separate Special Service Rules and the Government Orders are not applicable. Moreover, as on date even the Police Department is not entitled to time bound promotion, since the said issue is already settled by the Hon'ble Full Bench of this Court vide order dated

04.02.2022 passed in State of Tamil Nadu and others Vs. C. Srinivasan (W.A. Nos. 3748 of 2019 batch order dated 04.02.2022) reported in 2022 (1) CTC

¶833Therefore, the claim of the petitioner cannot be entertained.

¶5Hence, the Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

05.06.2023

NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To

1.The Principal Secretary to Government, The State of Tamil Nadu, Home (Prison) Department, Secretariat, Chennai – 600 009.

2.The Director General of Police, Mylapore, Chennai – 600 004.

3.The Additional Director General of Police and Chief of Prison Department, Egmore, Chennai – 600 008.

4.The Accountant General Office, Anna Road, Chennai – 600 006. W.P.(MD).Nos.12981eofe2015eande4945eofe2016 S.SRIMATHY,oJ. oooooooooooooooooo oNsr W.P.(MD).Nos.12981oofo2015oando4945oofo2016

05.06.2023 oooo