J GUNASEKARAN Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) ORIGINAL Application No.1003 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No,2790 of 2007, seeking for a writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in connection with the orders passed by him in his Proc. Letter 54749/E2(40/99 dated 13.12.1999 and Memo No,50394/E2(4)/2000-2 dated 14.10..2000 and the proceedings of the Second respondent in No,6528/Po.1/2000 dated 17.10.2000 and quash the same so far as the applicant is concerned and direct the respondents to include the name of the applicants in the panel for promotion to the post of Grade I warder for the year 1999 and consequently promote the applicant as Grade I warder with all service and monetary benefits by relaxing the relevant rules if necessary.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

(2.) AT this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had brought to the notice of this Court, that a Government Order has been issued, in G.O.Ms.No.1276 Home (PRISON.II) Department, dated 24.11.2003, which is as follows: Thiru J. Gunasekaran was appointed as Grade II Warder on 1.2.76 at Central Prison, Coimbatore. AT the time of preparation of panel for the post of Warder Grade I for the year 1999 it was noticed that Thiru J. Gunasekaran has possessed a height of 163 cms. He is a Adi Dravida Converted Christian. As he was converted to Christianity he could be classified only under "Backward Community" as per Serial No,21, schedule I of Tamil Nadu Service Manual Volume. I and he should possess a height of 168 cms. Due to lack of physical requirement his name has been deleted from the above panel and the Superintendent, Central Prison, Coimbatore has been informed of this vide letter No,54749/E2/(4)/99, dated 13.12.1999. Thiru J. Gunasekaran has requested to relax the relevant rule and to include his name in the above said panel. The Additional Director General of Prisons, in his letter read above has requested that rule 6 read with Annexure I in Branch I may be relaxed in favour of Thiru J. Gunasekaran so as to appoint him regularly as Warden Grade II with effect from 1.2.76 in the Prison Department. 1. The Government have examined the proposal of the Additional Director General of Prisons and decided to accept it and to relax Rule 6 read with Annexure I in Branch I of the Tamil Nadu Jail Subordinate Service in favour of Thiru J. Gunasekaran so as to enable him to be regularly appointed as Warder Grade II. 2. In Exercise of the powers conferred by rule 48 of the General rules in part II of the Tamil Nadu State and Subordinate Services Rule contained in Volume I of Tamil Nadu Services Manual 1977, the Governor of Tamil Nadu hereby relaxed the provisions of rule 6 read with Annexure I in Branch I under Part II of the special rules for the Tamil Nadu Jail Subordinate Services relating to the physical qualification in favour of Thiru J. Gunasekaran so as to enable his to be appointed regularly in the post of Warder Grade II with effect from 1.2.76.