SAROJA Vs. INSPECTOR GENERAL OF PRISON

JUDGEMENT

(1.) THE petitioners 1 and 2 had approached the Tamil Nadu Administrative Tribunal, by filing Original Application No.2804 of 2000. THE said Original Application had been transferred to the file of this Court on abolition of the Tribunal and renumbered as W.P.No.1024 of 2007.

(2.) THE petitioners, Saroja and Varathammal joined service on 05.04.82 and 03.07.82 respectively as Grade II Warder. Both the petitioners were granted Selection Grade on completion of their 10 years of unblemished service. When they were waiting for a promotional post of Grade I Warder, which is generally filled up from the post of Grade II Warder, the qualification prescribed by the Rule says that the promotion to the category of Grade I Warder shall be made on the ground of merit and ability and the seniority will be considered only when the merit and ability are approximately equal. However, the petitioners 1 and 2 participated in the year 1985 and 1998 selection, but, unfortunately, though the petitioners were senior in service, the 3rd respondent, S.Shanthi, was given promotion as Grade I Warder. When the petitioners were directed to participate in the oral test, they appeared for the oral test and answered all the questions. Inspite of the fact that they performed well, they were not found selected.

(3.) HEARD the learned counsel appearing on either side and perused the materials available on record.