Madras High Court

M.Udayasooriyan vs The Additional Director General Of ... on 16 May, 2024

                                                                              W.P.No.14427 of 2015


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated :16.05.2024

                                                     CORAM

                                     THE HON'BLE MRS. JUSTICE R.KALAIMATHI

                                              W.P.No.14427 of 2015
                                                      and
                                                M.P.No.1 of 2015

                   M.Udayasooriyan                                               ... Petitioner

                                                       Vs.

                   1.The Additional Director General of Police and
                     Inspector General of Prisons,
                     Egmore, Chennai-8.

                   2. The Superintendent of Prisons,
                      Central Prison,
                      Salem.                                                 ...Respondents

                   Prayer : Writ Petition filed under Article 226 of the Constitution of India
                   praying to issue a Writ of Certiorarified Mandamus, calling for the records
                   of the respondents in connection with the impugned order passed by the
                   first respondent in Memo No.30693/ES 3/2014 dated 11.11.2014 and
                   No.36804/ES.3/2013 dated 21.04.2015 and the second respondent in
                   No.Ki.C.1/7167/2015 dated 22.04.2015 and quash the same and further
                   direct the respondents to regularise the service of the petitioner in the
                   cadre of Assistant Jailor in pursuance of inclusion of his name in the panel
                   of the year 2013-14 and grant him all consequential service and monetary
                   benefits.


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                                                                                  W.P.No.14427 of 2015




                                      For Petitioner   : Mr.C.Vigneshwaran

                                            For Respondents : Mr.S.Rajesh,
                                                 Government Advocate


                                            ORDER

Being aggrieved by the order passed by the 1st respondent in

Memo No.30693/ES 3/2014 dated 11.11.2014 and No.36804/ES 3/2013

dated 21.04.2015 and the order of the respondent in Ki.C.No.1/7167/2015

dated 22.04.2015, the petitioner herein has sought to quash the same and

to direct the respondents to regularise his service in the cadre of Assistant

jailor by including his name in the panel for the year 2013-14 and to grant

him all consequential service and monetary benefits.

2. The petitioner entered service as a directly recruited Gr.II

Warder by direct recruitment on 15.12.1983. He was upgraded as Gr.I Jail

Warder on 01.07.2006. He was promoted as Chief Head Warder on merit

cum seniority basis on 16.08.2013. The petitioner was found eligible and

his name was placed in the panel of Chief Head Warder fit for the post of

Assistant Jailor for the panel year 2013-14 and the list was published on

10.12.2013. He was promoted as Assistant Jailor as per the proceedings

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of the 1st respondent dated 13.01.2014 and he assumed Office as

Assistant Jailor on 22.01.2014.

3. The petitioner further submits that while serving as Assistant

Jailor, at Omalur Sub-Jail, he was issued with charge memo by

proceedings of the 2nd respondent in KC1/4036/2014 dated 26.03.2014

under Rule 17(a) of TNCS(D&A) Rules and after due enquiry, punishment

was imposed. While so, the 1st respondent prepared temporary list of

Assistant Jailors for the year 2014-15, wherein, the name of the petitioner

was not found in the list on the ground of currency of the punishment, by a

proceedings dated 11.11.2014. When he preferred an appeal to the Deputy

Inspector General of Prisons, Coimbatore, his appeal was rejected by his

proceedings dated 03.12.2014. His review petition was also rejected by the

1st respondent.

4. Mr.C.Vigneshwaran, the learned counsel for the petitioner would

vehemently contend that while the petitioner was serving in the promoted

post, he faced disciplinary proceedings and suffered punishment. That

cannot be a subject matter for preparing the temporary panel for the year

2013-14. He would further contend that any subsequent punishment after

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the promotion of the petitioner cannot stand in the way of deferring his

claim for promotion for a post, which he was already holding and sought to

quash the proceedings. To buttress his arguments, the judgment of this

Court in W.P.No.9447 of 2017 dated 27.07.2017 was referred to. Wherein

this Court held that the departmental proceedings is ordinarily said to be

initiated only when charge memo is issued.

5. Mr.S.Rajesh, learned Government Advocate appearing for the

respondents would strenuously argue that the crucial date for drawing of

the list for promotion to the post of Assistant Jailor is 15th July of every year

and for the year 2013-14, the crucial date is 15.07.2013. Consequent to

the disciplinary action initiated against him under Rule 17(a) of

TNCS(D&A) Rules, he was awarded the punishment of stoppage of

increment for 6 months without cumulative effect by order dated

07.05.2014. It is his further argument that while preparing the temporary

list for the promotion to the post of Assistant Jailor for the year 2014-15, his

name was considered and due to currency of punishment as he was not

eligible for inclusion in the said list, his name was passed over under

intimation to him and he was reverted as Chief Warder by Memo No.

No.36804/ES3/2013, dated 21.04.2015, issued by the 1st respondent which

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is under challenge.

6. It is relevant to note that in case of promotion, as per Rule 4(a)

of Tamil Nadu Jail Subordinate Service Rules, as amended in

G.O.Ms.No.22 Personnel & Administrative Reforms(S) Department, dated

24.02.2014 would apply. The said rule is extracted hereunder:

"(I-J) No member of service shall be promoted or appointed to a post, if the member is undergoing any punishment imposed under rule 8 of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, either on the crucial date or on the date of consideration for actual promotion."

"(I-K) Any punishment imposed on a member of service under rule 8 of Tamil Nadu Civil Services (Discipline & Appeal) Rules shall take effect from the date on which the said punishment order is served to the member of service concerned and the name of such member of service shall not be considered for inclusion in the approved list until the said punishment is over".

"(I-H) Any punishment other than Censure imposed on a member of service within a period of five years prior to the crucial date and a punishment of Censure imposed within a period of one year prior to the crucial date shall be held against the member of the service and his name shall not be considered for inclusion in the approved list. Any punishment including

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Censure imposed on a member of service after the crucial date but before actual date of promotion or appointment shall be held against the number of service and he shall not be given promotion or appointment.''

7. As per Rule 2(b) (iii), the crucial date for drawing for promotion

to the post of Assistant Jailor shall be the 15th July of every year. As per

Rule 4(a)(I-K), the name of the member of service shall not be considered

for inclusion in the promotion list until the currency of punishment is over.

Therefore, currency of punishment is the crucial aspect. In this case, the

petitioner was imposed with a punishment of stoppage of increment for 6

months without cumulative effect by a proceedings dated 12.05.2014 and

on the next day, the order should have been served to the petitioner. But

the promotion panel for the post of Assistant Jailor was issued by the

Additional Director General of Police / Inspector General of Prisons by way

of Memo dated 11.11.2014.

8. More so, in the proceedings of the Additional Director General of

Police, No.36804/ES3/2013, dated 21.04.2015, it has been clearly

indicated that in paragraph No.3, the temporary promotion as Assistant

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Jailor will not confer on them any right to claim regular appointment in the

promotional post of Assistant Jailor at the time of preparation of regular

panel for the year 2013-14.

9. How the currency period is to be reckoned is clarified by the

below letter No.13400/S/2007-6, dated 11.09.2009 issued by the

Personnel and Administrative Reform(s) Department. The said letter is

extracted hereunder:

Annexure

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https://www.mhc.tn.gov.in/judis

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10. paragraph No.3 of the above said letter explains as to how the

currency period is to be reckoned. The petitioner is awarded punishment of

six months stoppage of increment without cumulative effect on 07.05.2014.

The currency period commences from the date of communication of the

order to the delinquent. The said order is signed on 12.05.2014 and a copy

is marked to the Assistant Jailor, Omalur as well as to the delinquent.

Therefore, the currency period from 13.05.2014 (date of receipt of copy of

order) to 13.11.2014 - six months.

11. From a perusal of the memo No.30693/ES 3/2014, it appears

that the temporary list of approved candidates selected among the Chief

Head Warder by promotion as Assistant Jailor for the period 2014-15

approved by the Additional Director General of Police / Inspector General

of Prisons was published through proceedings No.30693/ES 3/2014 dated

18.10.2014. During the currency period, he is not entitled to be considered

for the promotion. In Jail Services as mentioned supra, as per Rule

(2)(b)(iii), preparation of annual list of the approved candidates for the

appointment to the posts by promotion and recruitment by transfer, the

crucial date on which the candidate should be qualified shall be 15th July of

every year. Temporary list of approved candidate was drawn as per the

said rule. At the time of preparation of temporary list, he was under

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currency period for the post of Assistant Jailor, and he is reverted back to

Chief Head Warder.

12. During the currency period, petitioner's name cannot be

considered for his next promotion. In the facts and circumstances of the

case, the impugned orders do not suffer from any infirmity.