Madrasdated High Court · 2025

W.P. Nos.2589, 2590, 3146and 5690 of 2024the proceeding No.9826/Po.1/2023 dated 22.12.2023 passed by the 3rd respondent, to quash the same and to direct the respondents to reinstate the petitioner as Deputy Jailor.Prayer in W.P. No.5690 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records from the 1st respondent pertaining to the impugned G.O.(M)No.77, dated 16.02.2024 and its consequential G.O.(Rt) No.121 dated 16.02.2024, quash the same and to direct the 1st respondent to reiterate the petitioner as Under Secretary to Government, Finance Department, Secretariat, Chennai.For Petitioner (in all W.P.s): Mr.P.VijendranFor Respondentsin W.P. Nos.2589 of 2024: Mr.R.U.Dinesh Rajkumarand 2590 of 2024 Addl. Govt. PleaderFor Respondents in W.P. No.3146 of 2024 : Mr.R.U. Dinesh Rajkumar Addl. Govt. PleaderFor Respondents in W.P. No.5690 of 2024 : Mr.R.U. Dinesh Rajkumar Addl. Govt. Pleader for RR 1 & 2 Mr.A.R. Sakthivel Senior Panel Counsel for R3- - - - - 5/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 2024COMMON ORDERSince the issues involved in all these writ petitions are similar in nature viz., with regard to reversion, they are disposed of by this common order. 2. Petitioners in W.P. Nos.2589, 2590 and 3146 of 2024 who are similarly placed and the issue relates to challenging the proceedings issued by the Prison Department. Likewise, the proceedings, which is put under challenge in W.P. No.5690 of 2024 is relating to reversion order issued by the Finance Department of Secretariat.3. Facts in Nutshell in respect of W.P. Nos.2589, 2590 and 3146 of 2024a) The petitioners entered service in the Indian Army and rendered long and unblemished service. During the course of their military service, they appeared for the examination conducted by the Tamil Nadu Public Service Commission (TNPSC) and were selected for appointment to the post of Assistant Jailor. Pursuant to their selection, they were appointed as Assistant Jailors and deputed to the Prison and Correctional Services Academy, where 6/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 2024they underwent mandatory training for about 11 months, which they successfully completed. Consequent to completion of training, their services were regularised, probation was declared, and their names were selected for promotion. Based on such selection, the petitioners were promoted as Deputy Jailors and posted in various District / Central Prisons. According to the petitioners, the promotions were regular promotions, granted strictly in accordance with the applicable Service Rules, and they were neither beneficiaries of any accelerated nor incentive promotion.b) It is averred that the 2nd respondent earlier issued proceedings with regard to reversion. But the said proceedings were not communicated to the petitioners. It is the contention of the petitioners that based on the said proceedings and placing reliance on an order of the Hon’ble Supreme Court, the 3rd respondent passed the impugned reversion orders, reverting the petitioners from the post of Deputy Jailor to Assistant Jailor, vide proceedings dated 15.12.2023. (W.P. Nos.2589 and 2590 of 2024) and 22.12.2023 (W.P. No.3146 of 2024). Challenging the aforesaid reversion orders, these writ petitions viz., W.P. No.2589, 2590 and 3146 of 2024. 4. Facts in brief in respect of W.P. No.5690 of 2024a) The petitioner in W.P. No. 5690 of 2024 belongs to the Secretariat Service. She was selected through TNPSC and appointed as Assistant Section 7/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 2024Officer in the Finance Department, Secretariat, Chennai, in the year 2008, and thereafter promoted as Section Officer and subsequently as Under Secretary to Government.b) While so, it is the contention of the petitioner that based on orders passed in a Special Leave Petition and consequential Government Orders, she was reverted from the post of Under Secretary to Government and posted as Accounts Officer. However, she joined as Accounts Officer, State Human Rights Commission on 16.02.2024 A.N., and working as such. Consequent to such revision, proceedings and litigation are pending in respect of the said issue.5. Learned counsel for the petitioners submitted that the impugned reversion orders were passed without notice and without affording an opportunity of hearing. The petitioners in W.P. Nos.2589, 2590 and 3146 of 2024 have rendered long and unblemished service in the Indian Army and were thereafter selected through TNPSC; after completing the prescribed training and probation, they were promoted as Deputy Jailors strictly in accordance with the Service Rules. He further submitted that similarly placed persons have already filed writ appeals viz., W.A. No.2581 of 2024 etc. batch, before the Hon’ble Division Bench of this Court and the same are pending consideration. Therefore, he prayed that the petitioners herein are also entitled to similar 8/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 2024protection and their rights must enure subject to the outcome of the said writ appeals.6. Per contra, learned Additional Government Pleader appearing for the respondents submitted that the impugned reversion orders were passed in compliance with the order of the Hon’ble Supreme Court and consequential departmental proceedings revising the seniority and promotional panels. Reiterating the contents of the counter affidavit, he submitted that the directions issued by the Hon’ble Supreme Court were strictly complied and therefore the subject proceedings issued by the respondents are valid. However, he fairly submitted that in the light of the outcome of the pending writ appeals, the petitioners’ claim will be considered by the respondents, if they are similarly placed. Therefore, this Court may dispose of these writ petitions by issuing suitable directions in respect of W.P. Nos.2589, 2590 and 3146 of 2024.7. However, learned Additional Government Pleader further submitted that the case of the petitioner in W.P. No. 5690 of 2024 stands on a different footing, as it pertains to the Secretariat Service and further proceedings are yet to be issued.9/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 20248. Responding the aforesaid submission, learned counsel for the petitioner submitted that the reliance placed on the order of the Hon’ble Supreme Court is wholly misconceived, as the petitioners do not fall within the category of persons who were irregularly promoted. However, this Court may dispose of these writ petitions by issuing appropriate directions. 9. This Court has considered the rival submissions and perused the materials available on record.10. From the aforesaid submissions, it reveals that insofar as the petitioners belonging to the Prison Department are concerned, the petitioners were selected through TNPSC, completed training, successfully completed probation, and were promoted as Deputy Jailors. It is also brought to the notice of this Court that similarly placed persons have already filed writ appeals viz., W.A. No.2581 of 2024 etc., batch, before the Division Bench and the same are pending consideration. In such circumstances, this Court is of the view that the interests of justice would be met if the present writ petitions are disposed of by directing that the rights of the petitioners shall abide by and enure subject to the outcome of the pending writ appeals, provided if they are similarly placed.10/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 202411. Accordingly, Writ Petitions viz., W.P. No.2589, 2590 and 3146 of 2024, are disposed of, with an observation that the petitioners herein shall be entitled to the benefit, if any, that may accrue pursuant to the outcome of the pending writ appeals viz., W.A. No.2581 of 2024 etc. batch, filed by similarly placed persons.12. Insofar as the petitioner in W.P. No. 5690 of 2024 is concerned, the said petitioner belongs to the Secretariat Service and it is submitted that further proceedings are pending in respect of the issues arising out of her reversion. Therefore, the said writ petition stands on a different footing and cannot be mechanically equated with the other writ petitions. In such view of the matter, liberty is granted to the petitioner to work out her remedy in the pending proceedings, in accordance with law. Granting such liberty, W.P. No.5690 of 2024 is also disposed of.13. No costs. Consequently, connected miscellaneous petitions are closed.04.12.2025Index:Yes/NoSpeaking/Non-speaking orderNeutral Citation : Yes/Novsi211/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 2024To :1.The Government of Tamil Nadu,Department of Home (Police-XVII), Rep. by its Principal Secretary, Fort St. George, Chennai -9.2.The Additional Director General of Police (Prison),Thalamuthu Natarajan Maaligai, CMDA Building, Egmore, Chennai - 8.3.The Superintendent of Prison,Central Prison-2, Puzhal,Chennai.4.The Superintendent of Prison,Sub Jail,Srivilliputhur,Viruthunagar District. 5.The Superintendent of Prison,Central Prison-1, Puzhal,Chennai. .6. The Superintendent of Prison,Borstal School and District Jail,Puthukottai District.12/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 20247. The Director,Commission for Schedule Caste,2nd Floor, Block No.5,Shastri Bhavan, Chennai – 6. 8. The Government of Tamil NaduDepartment of Finance Rep by its Principal Secretary to Government, Secretariat, Fort St. George, Chennai-09.9. The State Human Rights CommissionRep by its Secretary, No.143, P.S. Kumarasamy Raja Salai, (Greenways Road), Chennai-28.10. The Director,Commission For Schedule Caste, 2nd Floor, Block No.5, Shastri Bhavan, Chennai-6.13/14 https://www.mhc.tn.gov.in/judis W.P. Nos.2589, 2590, 3146and 5690 of 2024M. DHANDAPANI, J. vsi2W.P.No s .2589, 2590, 3146 and 5690 of 2024 andW.M.P. Nos.3411 and 6290 of 202404.12.202514/14