This writ petition is directed against the impugned Government Order in G.O.Ms.No.1040, Home (Prison-I) Department, dated 30.10.2006 in so far as it relates to the petitioner and for a direction against the respondents to include the name of the petitioner in the panel of Deputy Jailors fit for appointment by recruitment by transfer to the post of Jailor for the year 1996-97 and for all service benefits on par with his juniors.

2. The petitioner joined in the second respondent Department as Assistant Jailor on 2. 1985, recruited through the Tamil Nadu Public Service Commission. Thereafter, he was promoted as Deputy Jailor and then as Jailor by recruitment by transfer. He was awarded accelerated promotion as Additional Superintendent on 3. 2007 for his participation in the operations against the Forest Brigand, Veerappan and posted at the District Jail, Dindigul and then transferred to the Central Prison, Trichy. Presently, he is working in the Central Prison, Puzhal.

3. According to the petitioner, in the year 1996-97 there were vacancies in the post of Jailor and the second respondent did not prepare the panel for appointment by direct recruitment by transfer to the post of Jailor for the said year and he prepared the panel for the year 1996-97 only in the year 2005 by placing the name of the petitioner along with other eligible officials in the panel of Deputy Jailors fit for appointment by recruitment by transfer to the post of Jailor for the year 1996-97. The Departmental Promotion Committee on 10. 2006 did not recommend the name of the petitioner as well as six others and accepting the same, the Government passed the impugned G.O. by which the petitioner was not promoted as Jailor on regular basis while his juniors were promoted to the next grades up to the level of Superintendent. The non-recommendation by the Departmental Promotion Committee was due to the reason that the petitioner was having punishment during the check period/after the crucial date.

3(a). It is the case of the petitioner that there was no charge pending against the petitioner on or before December, 1997 and it was only during 1999, he was placed under suspension from 24. 1999 and ultimately imposed a punishment of reduction of pay by one stage for a period of six months without cumulative effect and such an order was passed on 7. 1999 by the Superintendent of Prison, Central Prison, Palayamkottai. Therefore, according to the petitioner, there is no justification for not including his name in the panel of the year 1996-97 for the post of Jailor. However, the same Departmental Promotion Committee for the year 1997-98 recommended the petitioners name in the panel for consideration for promotion to the post of Jailor. Under these circumstances, the impugned G.O. is challenged by the petitioner on various grounds including that the impugned order has been passed without assigning any reason and without properly appreciating the check period or crucial date.

4. In the counter affidavit, it is stated that the petitioner was appointed as Assistant Jailor in the Prison Department on 2. 1985 and subsequently promoted as Deputy Jailor on 17. 1990 and he was further promoted as Jailor on temporary basis on 8. 2006 as per G.O.(D)No.744 Home (Pri.I) Department, dated 27. 2006 and as per the proceedings of the second respondent dated 27. 2006. It is also specifically admitted that the petitioner was included in the promotion panel for the post of Jailor by recruitment by transfer for the year 1997-98 and he was regularly promoted as Jailor on 111. 2006 as per proceedings of the second respondent dated 111. 2006. It is also admitted that the petitioner was given accelerated promotion as Additional Superintendent of Prison on 20.2.2007, in which post he has joined in District Jail, Dindigul on 3. 2007 and transferred as Additional Superintendent in the Central Prison, Trichy, in which post he joined on 16. 2007. Thereafter, he was transferred to the Centra