Judgment :- 1. The petitioner belongs to "Schedule Caste" (Pallan) and passed S.S.L.C. in the year 1964. The petitioner joined the service at Central Prison, Chennai as Warder Grade II on 15.03.1966. The petitioner fulfilled the criteria laid down for appointment of scheduled caste candidate. The service of the petitioner was regularised with effect from 1.8.1967. The petitioner thereafter, was temporarily promoted to the post of Chief Head Warder and was transferred to the Central Prison, Vellore against the existing vacancy. 2. The petitioner though belonging to schedule caste, converted to Christianity. The date of conversion is not disclosed. According to the Government instructions, the petitioner on conversion was to be classified as backward class. 3. The submission of the petitioner is that the physical measurement for appointment of scheduled caste is height 160 cm and chest measurement is 79-84 cm, whereas physical measurement for backward class is 168 cm height and chest measurement is 81-86 cm. Though the petitioner fulfilled the physical standard as scheduled caste, but did not satisfy the physical standard as backward class. 4. In view of the fact that the petitioner was working since 1966 and also that the petitioner in fact belongs to scheduled caste category by birth, the Government was requested to relax rule of physical measurement in exercise of power under Rule 6 read with Annexure in branch I of the said rules for the Tamil Nadu Jail Subordinate Service. 5. Along with the case of the petitioner, the case of Thiru P.Samidurai was also forwarded for relaxation of physical standard so as to give them benefit of regular appointment retrospectively, i.e. from the date of their appointment. 6. In addition, the petitioner also filed a representation for regularising his service with effect from 01.06.1987 as also revision of seniority in the post of Warder Grade II/Warder Grade I/Chief Head Warder on the basis of continuous length of service. 7. In response to the representation of the petitioner, it was disclosed that physical standard in the case of petitioner was already relaxed and therefore, there was no necessity to grant fresh approval for relaxation of physical standard. 8. The grievance of the petitioner is that though physical standard in the case of petitioner stood relaxed, but the service rendered by the petitioner from the year 1967 to 1984 has not been taken into consideration for the purpose of seniority. 8. The grievance of the petitioner is that though physical standard in the case of petitioner stood relaxed, but the service rendered by the petitioner from the year 1967 to 1984 has not been taken into consideration for the purpose of seniority. On account of the fact that the relaxation in physical standard was granted to the petitioner only in the year 1984, the stand of the petitioner is that he is entitled to relaxation with retrospective effect. This request of the petitioner was declined by the department by passing non speaking order. 9. The writ petition is opposed by the State on the plea that the petitioner was appointed on the basis of wrong information about his caste. Though under normal circumstances, the petitioner was not entitled to continue in service, but in the interest of justice and equity, concession was given to the petitioner to continue in service by relaxing the rule. 10. The contention of the learned Govt. Advocate was that the petitioner had no locus standi to claim relaxation of rule with retrospective effect. 11. On consideration, I find that the stand of the State cannot be acceptable. It is not disputed that the petitioner belongs to scheduled caste and it was also recorded in the service record. The subsequent conversion to Christianity could not take away his right which stood availed. 12. Even otherwise, it is settled law that though a person of higher caste by conversion cannot avail the benefit of reservation, but at the same time, the benefit available to a particular caste by birth cannot be denied on account of the conversion. The petitioner being scheduled caste by birth, therefore, could safely claim the benefit available to scheduled caste. 13. The stand of the State also cannot be accepted, as the very object of framing rule 6 was to give relaxation to regularise the service of the petitioner. Once this right was exercised, it was to be implemented with effect from the date of appointment, as by giving relaxation from future date, the benefit of service rendered by the petitioner cannot be denied in an arbitrary manner. The non grant of relaxation from the date of initial appointment therefore, against the very object of granting relaxation to regularise the service of the petitioner. 14. The non grant of relaxation from the date of initial appointment therefore, against the very object of granting relaxation to regularise the service of the petitioner. 14. At the sake of repetition, it may be noticed that the petitioner being scheduled caste by birth could not be denied the benefit available to the scheduled caste with regard to physical standard, as the lower physical standard prescribed for scheduled caste in view of their birth in a caste having low physical standard than the backward and general category candidates. 15. For the reasons stated hereinabove, the impugned order rejecting the representation of the petitioner therefore, be totally arbitrary and therefore, hit by Article 14 of the Constitution of India. 16. Consequently, the writ petition is allowed. The impugned order of rejection is set aside. A writ in the nature of mandamus is issued directing the respondents to give benefit of relaxation to the petitioner from the date of initial appointment and also grant all consequential benefit of seniority, promotion, etc. flowing from the regularisation from the date of initial appointment. No costs.