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2009 DIGILAW 2755 (MAD)

J. Gunasekaran v. The Inspector General of Prisons & Another

2009-07-29

M.JAICHANDREN

body2009
Judgment :- 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 211. 2003, which is as follows: Thiru J. Gunasekaran was appointed as Grade II Warder on 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 112. 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 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. 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 2. 76. 3. The Additional Director General of Prisons is requested to take disciplinary action against the Officers who were responsible for selecting his lacking in physical qualification. The report in this regard may be sent to the Government in due course. 3. The learned counsel appearing on behalf of the petitioner has not refuted the submissions of the learned counsel for the respondents. 4. In view of the submissions made by the learned counsels appearing on either side, and in view of the Government order, in G.O. Ms. No.1276/Home (PRISON II) Department, dated 211. 2003, no further orders are required to be passed in the present writ petition. Hence, recording the same, this writ petition is closed. No costs.