(Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the records connected with No.P.O.1/7956/2004, dated 14.3.2005 on the file of the respondent and to quash the same and to further direct the first respondent to put the petitioner on the Post of Assistant Jailor in any one of the Sub Jail or in the equal Post in Jail Department under his control.)

At a time when the very adjective "Disabled" has taken a different connotation as "Differently Abled", the respondents have sent the petitioner out of service on the ground that he is medically unfit to continue in service, forcing him to file the above writ petition.

2. The petitioner was originally selected and appointed as a Second Grade Warder in the Tamil Nadu Prison Subordinate Service. He was promoted as Grade-I Warder with effect from 1984 and was promoted as Chief Head Warder with effect from 14.10.1998.

3. On 31.8.1999, the petitioner suffered an injury and entered on medical life. When he was on medically leave, he was promoted as Assistant Jailor on temporary basis by the proceedings of the Superintendent of Prisons, Pudukottai dated 9.12.1999 and posted to the Sub Jail, Nannilam. In pursuance of the said order, he reported before the Superintendent of Prisons, Borstal School, Pudukottai, on 1.3.2000 for the purpose of taking charge at the Sub Jail, Nannilam. He was permitted to take charge as Assistant Jailor on 1.3.2000 and he started working in the promoted post from 1.3.2000.

4. After more than three years of the temporary promotion of the petitioner as Assistant Jailor, the promotion Board was constituted for the purpose of selecting candidates for promotion on regular basis, with reference to the vacancies for the year 2003-2004. The Promotion Board met on 17.11.2003 and 18.11.2003 and based upon its recommendations, a list of approved candidates selected for promotion as Assistant Jailors on regular basis, was communicated by the Additional Director of Prison, in his communication dated 16.12.2003. In the annexure to the said proceeding, it was indicated that the petitioner was over looked for promotion on account of being physically unfit.

5. In pursuance of the said proceedings, the Superintendent of Borstal School, addressed a letter dated 8.3.2004 to the Joint Director of Health Services, Tiruvarur, requesting him to examine the petitioner and ascertain if he was medically fit to hold a post as a Field Officer in terms of Rule 47 (A to K) of the Tamil Nadu Prison Manual Part-II.JJ

6. The Medical Board at Tiruvarur, comprising of the Joint Director of Health Services as its Chairman and three Medical Officers as Members, examined the petitioner in the Government District Headquarters Hospital, Tiruvarur on 24.3.2004 and issued a Certificate that he was fit to be employed as a Field Officer in terms of the aforesaid Rules.

7. Despite the said Certificate issued by the Medical Board, to whom he was referred by the Department itself, the petitioner was reverted by the proceedings of the Superintendent of Borstal School, Pudukottai dated 10.4.2004 and posted as Chief Head Warder in the same school on 12.4.2004.

8. The petitioner gave a representation dated 14.4.2004 to the second respondent, pointing out the Fitness Certificate issued by the appropriate Medical Board and requesting him to permit his continuance as Assistant Jailor. However, the second respondent appears to have sent a letter dated 6.5.2004 to the Superintendent of Borstal School, directing him to refer the petitioner once again to the Medical Board for examining whether he is medically fit in terms of Rule 385 of the Tamil Nadu Prison Manual Part-II, for the purpose of undergoing Drill and Parade. Therefore, the Superintendent of Borstal School, by his proceedings dated 19.5.2004, sent the petitioner once again for medical examination.

9. In pursuance of the above, the petitioner was sent for medical examination befo