K JEYABARATHI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking for a direction to post the petitioner as Superintendent of Prison in any one of the Central Prisons so that she will have the norms for further promotion to become the Deputy Inspector General of Prisons.

(2.) NOTICE was issued to the respondents. On such notice, the respondents have filed a counter affidavit dated 14.03.2011.

(3.) MR.K.Venkatramani, learned Senior Counsel appearing for MR.M.Muthappan, counsel for the petitioner contended that the assurance given by the respondents that her case will be considered for promotion to the post of DIG of prisons cannot be accepted. Since the statutory rules framed under Article 309 clearly stipulates 5 years of service as Superintendent in the Central Prisons or Borstal School as a condition precedent, the assurance given by the respondents cannot be accepted. Secondly, it was contended that though she was qualified to hold the post as Category 3 in Class I, her continued retention in Category I in Class II in a lower post amounts to discrimination.