Back
2023 Supreme(Online)(MAD) 41437
MADRAS HIGH COURT
Honourable Mr Justice M.DHANDAPANI
T.Duraisingam – Appellant
Versus
The State – Respondent
WP(MD)/9928/2020
In-service candidates who are recruited under reservation may be entitled to re-fixation of seniority, but it is subject to the relevant provisions and policies.
Headnote:
RESERVATION - PROMOTION - IN-SERVICE CANDIDATES - SENIORITY - RE-FIXATION
Fact of the Case:
The petitioners, who were directly recruited to the post of Assistant Jailor in the year 2018 under 10% reservation meant for the in-service candidates, sought to re-fix the seniority list and place them above the persons, who were directly recruited through open market. Their representation was rejected by the respondents on the ground that there is no provision available to re-fix the seniority above the candidates, who were recruited through open market in the post of Assistant Jailor.
Finding of the Court:
The court held that the petitioners can make a fresh representation to the respondents and if any such representation is made by the petitioners, the respondents are directed to pass appropriate orders within a period of eight weeks from the date of receipt of a copy of the representation.
Issues: Whether the petitioners, who were directly recruited to the post of Assistant Jailor under 10% reservation meant for the in-service candidates, are entitled to re-fixation of seniority above the persons, who were directly recruited through open market.
Ratio Decidendi: The court did not interfere with the impugned order passed by the first respondent, but granted liberty to the petitioners to make a fresh representation to the respondents.
Final Decision: The court disposed of the writ petition with no costs and closed the connected miscellaneous petitions.
W.P.(MD)No.9928 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:09.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.9928 of 2020
W.M.P(MD).Nos.8885 and 8886 of 2020
1.T.Duraisingam
2.P.Nethaji Subash Chandra Bose
3.N.Nageswaran
4.A.Kumar
5.P.Selvam
6.R.Muthu
7.M.Sankar ... Petitioners
Vs.
1.The State of Tamil Nadu,
Represented by its Additional Chief Secretary to the Government,
Department of Home (Prison-II),
Fort St.George, Chennai-9.
2.The Secretary,
Tamil Nadu Public Service Commission,
V.O.C.Nagar,
Park Town,
Chennai-3.
3.The Director General of Police/
The Director General of Prisons and Correctional Services,
Chennai-8.
... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.9928 of 2020
Prayer:Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, call for the records
pertaining to the Impugned Order in Letter No.34751/Pri.II/2019-4 dated
10.07.2020 on the file of the Respondent No.1 and quash the same as
illegal insofar as the petitioners are concerned and consequently for a
direction directing the Respondent No.1 to re-fix the seniority list for
promotion to the post of Deputy Jailor by granting preference to the
petitioners who all are in-service Assistant Jailor candidates appointed
under 10% reservation and placing the petitioners above the rest of the
directly recruited Assistant Jailors or in the alternative to fix ratio as 1:1
between the petitioners appointed under 10% in-service reservation and
the remaining directly recruited Assistant Jailors for the purpose of
promotion to the post of Deputy Jailor within the time period stipulated
by this Court.
For Petitioner
: Mr.T.Lajapathi Roy
For Respondents
: Ms.K.Christy Theboral
Additional Government Pleader
for R1 and R3
Mr.J.Arul Kumar for R2
O R D E R
This writ petition has been filed to call for the records pertaining to
the impugned Letter No.34751/Pri.II/2019-4 dated 10.07.2020 issued by
the first respondent, quash the same as illegal insofar as the petitioners
are concerned and consequently, direct the first respondent to re-fix the
2/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.9928 of 2020
seniority list for promotion to the post of Deputy Jailor by granting
preference to the petitioners who all are in-service Assistant Jailor
candidates appointed under 10% reservation and placing the petitioners
above the rest of the directly recruited Assistant Jailors or in the
alternative to fix ratio as 1:1 between the petitioners appointed under
10% in-service reservation and the remaining directly recruited Assistant
Jailors for the purpose of promotion to the post of Deputy Jailor within
the time period stipulated by this Court.
2. The learned counsel appearing for the petitioners would submit
that the petitioners were directly recruited to the post of Assistant Jailor
in the year 2018 under 10% reservation meant for the in-service
candidates (i.e.,) Graduate Warders Grade I and II of the Prison
Department. The object of the Government order in G.O.(Ms).No.830,
Home (Prison-II) Department, dated 27.05.2004 is that the prison
warders continue to get most of the benefits extended to the Police
Personnel by the Government from time to time. Therefore, the
petitioners made representation on 17.06.2019 to re-fix the seniority list
3/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.9928 of 2020
and place them above the persons, who were directly recruited through
open market. However, the same was not considered. Hence, a writ
petition has been filed in W.P(MD).No.21033 of 2019. This Court, vide
its order dated, 30.09.2019, issued a direction to the first respondent to
consider the representatio
