- (1.) THIS writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the entire records relating to the impugned order issued by the third respondent in No.N.9251/PO.1/97, dated 26.01.1998, to quash the same and consequently, to direct the respondents to regularise the services of the applicant with effect from the date of her initial appointment i.e. 24.1.1978 by relaxing the age, qualifications etc. and also to grant all benefits such as seniority, promotion, pensionary benefits and backwages.) Heard both sides.
(2.) THIS writ petition arose out of O.A.No,5054 of 1998 filed by the petitioner before the Tamil Nadu Administrative Tribunal. In view of the abolition of the Tribunal, it was transferred to this court and was renumbered as W.P.No,37247 of 2006. The petitioner, who was a Female Escort Warden working in the Sub Jail and Borstal School at Pudukkottai, filed OA No,5054 of 1998, seeking to challenge the order, dated 26.1.1998 passed by the third respondent the Superintendent of Prisons, Pudukkottai. By the impugned order, the petitioner was informed that the petitioner's request for regularizing her service, was rejected by the State Government vide G.O.(1D)897, Home (Prison 2) Department, dated 19.12.1997. The said G.O. was communicated by the I.G. of Prisons vide letter, dated 26.12.1997. In the said letter, it was stated that the petitioner's appointment was purely temporary and there were as many as 177 Female Escort Wardens available in the department whose demand for regularization were also under consideration. The petitioner did not have the educational qualifications and also had crossed the age limit for holding the post. Once the case of the petitioner was considered, this will also give rise to simultaneous demands from the other Female Escort Wardens. Therefore, the petitioner's claim for regularizing her service from the date of her initial appointment cannot be considered.
(3.) THE petitioner earlier filed OA No.1899 of 1997 before the Tribunal, seeking for a direction to regularize her service from the date of her initial appointment, i.e. 24.1.1978. THE Tribunal by its final order, dated 30.10.1997, disposed of the OA and directed the respondents to consider the claim of the petitioner for appointment to the post of Escort Female Warden on regular basis and to sanction all monetary benefits. This claim was negatived by the impugned order for the reasons already set out. Though the petitioner claimed that one person by name Tmt.Selvarathinam, Female Escort Warden, moved the Tribunal with OA Nos.3600 of 1992 and 720 of 1995 and got the Government Order in G.O.Ms.No.1514, Home (Prison II) Department, dated 10.10.1995 and the said person was appointed as a Second Grade Warder, she was appointed as Grade I Warder with effect from 12.2.97. The said order of the Tribunal came to be issued not based on any legal consideration, but by ipsi dixit of the Tribunal. However, in the case of the petitioner, the G.O. issued by the Government, i.e. G.O.(1D) No,897, Home (Prison II) Department, dated 19.12.1997, it was ordered as follows: "The applicant does not possess the required educational qualification and age. The question of regularisation of temporary services of all the Female Escort Warders including the applicant is under consideration of the Government. If the services of the applicant alone is regularised now, it will create problems in fixing the seniority of the other Female Escort Warder as and when such regularisation are done in Public interest to single out one person alone for regularisation. The Government after careful consideration have decided that there is no justification to accept the request of the applicant and direct that the claim of the applicant be rejected." ;