Full order IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.07.2021 CORAM THE HONOURABLE MR.JUSTICE M.GOVINDARAJ ADVOCATE: M.Ravi & Priya Ravi, argued in a case relating to promotion to the post of Deputy Inspector General of Prison and the Order of Hon’ble Mr.Justice M.Govindaraj : The Petitioner to make a representation setting out all the grounds with substantiating materials as well as judicial precedents to the 1st respondent within a period of three weeks from the date of receipt of a copy of this order. On such representation, the respondents are directed to consider the same and after forming appropriate opinion as to the objects and reasons of the classifications particularly between the General Category and Women Category, pass a reasoned appropriate order within a period of eight weeks thereafter.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

ADVOCATE: M.Ravi & Priya Ravi, argued in a case relating to promotion to the post of Deputy Inspector General of Prison and the Order of Hon’ble Mr.Justice M.Govindaraj :
The Petitioner to make a representation setting out all the grounds with substantiating materials as well as judicial precedents to the 1st respondent within a period of three weeks from the date of receipt of a copy of this order. On such representation, the respondents are directed to consider the same and after forming appropriate opinion as to the objects and reasons of the classifications particularly between the General Category and Women Category, pass a reasoned appropriate order within a period of eight weeks thereafter.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

W.P.No.26921 of 2008

T.VIJYALAKSHMI PANDIT
W/o.A.Jeyakumar … Petitioner

Vs.
1.Government of Tamil Nadu
Rep. by Secretary to Government
Home (Prison.I) Department
Secretariat
Fort St. George
Chennai 600 009

2.The Director General of Prisons
Egmore
Chennai 600 008 … Respondents

Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Rule 2 (A) of the Tamil Nadu Jail Service in Section 20, Tamil Nadu Service Manual (corrected upto 24.07.2000) Volume II to the limited extent of non-inclusion of the post of Superintendent of Prisons (Special Prison for Women) as one of the Feeder categories along with the equivalent posts of
Superintendent of Prisons (Central) and Superintendent of Borstal School
for appointment by promotion to the post of Deputy Inspector General of
Prison and the order passed by the first respondent in Letter No.48832/Pri.I/08-3. Dated 22.07.2008 in so far it relates to the petitioner
herein and to quash the same and issue consequential directions to the
respondents to promote the petitioner as Deputy Inspector General of
Prisons either by including the post of Superintendent of Prison (Special
Prison for women) as one of the feeder category for promotion as Deputy
Inspector General of Prisons along with Category 3 in Class I post by
issuing suitable amendment or by providing relaxation to Rule 2(A) and
Rule 5 of Tamil Nadu Jail Service.

For Petitioner : Mr.M.Ravi
For Respondents : Mr.C.Selvaraj
Government Advocate

O R D E R

(The case has been heard through video conference)
The petitioner has filed this writ petition seeking to issue a Writ of
Certiorarified Mandamus, calling for the records relating to the Rule 2 (A)
of the Tamil Nadu Jail Service in Section 20, Tamil Nadu Service Manual
(corrected upto 24.07.2000) Volume II to the limited extent of noninclusion
of the post of Superintendent of Prisons (Special Prison for Women) as one of the Feeder categories along with the equivalent posts of
Superintendent of Prisons (Central) and Superintendent of Borstal School
for appointment by promotion to the post of Deputy Inspector General of
Prison and the order passed by the first respondent in Letter
No.48832/Pri.I/08-3. Dated 22.07.2008 in so far it relates to the petitioner
herein and to quash the same and issue consequential directions to the
respondents to promote the petitioner as Deputy Inspector General of
Prisons either by including the post of Superintendent of Prison (Special
Prison for women) as one of the feeder category for promotion as Deputy
Inspector General of Prisons along with Category 3 in Class I post by
issuing suitable amendment or by providing relaxation to Rule 2(A) and
Rule 5 of Tamil Nadu Jail Service.
2.Though the petitioner has sought for a wider relief, the learned
counsel restricted the relief with respect to consideration of the petitioner’s
representation with regard to the promotion. The Tamil Nadu Government
has framed Rules for Prison Service. The Service Rules pertain to the State
Services is called Tamil Nadu Jail Service and for Subordinate Service
called as Tamil Nadu Jail Subordinate Service. In so far as the State Service
is concerned it consists of Branch-1 (General) and Branch-2 (Probation).

Both these branches consist of various classes and categories of officers.
Class-1 consists of five categories, lowest category is Jailors and by
promotion it goes upto category-1 post viz. Inspector General of Prisons. In
Class-2 of the Branch-1 consists of two categories, i)Superintendent of
Prisons (Special Prison for Women), ii)Deputy Superintendent of Prison
(Special Prison for Women), 3rd Class is Psychologist. In so far as this Writ
Petition is concerned, the issue revolves around promotion from the Class-2
post to Class -1 post of Branch-1.
3.The petitioner herein was appointed as an Assistant Matron, the
post of Assistant Matron falls under the purview of Tamil Nadu Jail
Subordinate Service Rules. There are seven categories of posts falling
under Branch-1 under part 1 of the Rules specified as Executive Staff.
Branch-1 Executive Staff consists of 2 Classes and various categories of
posts under those two Classes. Class-I consists of Deputy Jailors, Assistant
Jailors, Jailors in Sub Jails, Reserve Head Warders in Jails, Warderers in
Centarl, District, Special Jails, Special Sub Jails, Sub Jails. Class II is
pertaining to Women Cell consists of category of Matron, Assistant Matron,
Women Gate Keeper, Women Chief Head Warder and Women Warders
Grade-I and II. Thus the general Section is designated as class-I and
Women Section is designated as class-II. Appointment to the post of
Assistant Matron is made both by direct recruitment and by promotion from
the post of Women Gate Keeper, Women Chief Head Warden.
4.In so far as the recruitment is concerned, the lowest category of
police constable is done through selection by the Tamil Nadu Uniform
Services Recruitment Board and the selection is made by a common
recruitment for both men and women. So far training is concerned, Rule 8
specifies the method of training for the post of Assistant Jailors in Central
Prisons which falls under Class-I and for the post of Matron which falls
under Class-II. Period of training is nine months. It is pertinent to note that
both the posts are made by recruitment, thus, Assistant Jailors who falls
under Class-I and the Matron who falls under Class-II are directly recruited
to undergo training for nine months and they execute agreement to serve in
Prison Department for not less than five years, in default, to refund the
entire pay and allowances paid to them during the training. Likewise,
prescribed tests to be passed during the period of probation also similar to
the of Deputy Jailors and Assistant Jailors and Matron and Assistant

Matron. Thus, it is seen that the post of Deputy Jailors and Assistant Jailors
as well as the Matron and Assistant Matron was similar in various aspects.
5.The Class created by the legislators appear to be on the basis
selection to general category and special category of Women. In general
category, both men and women can be recruited by direct recruitment
method, whereas, in Class-II, only women can be recruited. Therefore, it
could be inferred that but for this classification into General and Women
category, the method of recruitment and training to both are all same. When
it comes to promotion to the State Service, it is made from Assistant Matron
and Matron to the post of Deputy Superintendent Prison and Superintendent
of Prison (Special Prison for Women). So far as the Assistant Jailors and
Jailors, it is to the post of Additional Superintendent of Central Prison,
Superintendent of Central Prison including Superintendent of Special
Prisons for Women and Deputy Inspector General to Prison and thereafter
the Inspector General of Prison.
6.Now that the issue is that the promotion to the post of Deputy
Inspector General of Prison falls among the categories within Class-I of
Branch-1. In so far as the Category-1, Superintendent of Special Prison for
Women falls under Class-II in Branch-1 no promotion avenue is specified.
We have seen that as far as Rule 8(B) of Tamil Nadu Jail Subordinate
Service Rules, the post of Assistant Jailor or Matron are equivalent and the
training, departmental tests, probation period to be undergone by them are
similar. Therefore, both the posts of Assistant Jailor and Matron can be
equated and promotion is also equivalent to both the categories. From the
post of Jailor a person can raise up to Superintendent to Central Prison,
which is equated to a Matron raising upto Superintendent of Special Prison
for Women under Class-2 categories. We have already observed that
Class-I and Class-II are bifureated because of the nature of its recruitment.
As observed for Branch-1 (General category) both men and women can be
recruited. Whereas, for Branch-2 (Probation category) only Women can be
recruited. When this Class-II is a special category where women are
appointed to the Women Prison cannot be said to lesser them Class-I
Category. For example if a woman Police Constable is selected and
promoted to the post of Assistant Jailor or Jailor, she can raise upto
Inspector General of Prisons in the hierarchy, whereas, as per the above
Rule, it is construed for reasons unknown that the women appointed to
Class-II can raise only upto Superintendent (Special Prison for Women).
Such a discrimination may not have been intended by the Legislators. When
a woman is appointed to a Special Prison and distinguished prison for
women that will not be the end for her progress. It is well settled by law
isolation of post without promotional avenue is arbitrary and illegal. In that
view of the matter only because appointment to Superintendent to Special
Prison for women Class-II of Branch-I, goes without any further promotion.
Naturally from the posts of Superintendent they should be given opportunity
to the next post of Deputy Superintendent. Otherwise it tantamounts to
gender discrimination also.
7. From the counter affidavit filed by the respondents, it is seen that
no interpretation has been given to the Rules. We try to understand the
distinction between the Branch-1 (General) and Branch-2 (Probation) and
objects and reasons for classifying the above two branches is also not
available before this Court. Therefore, instead of interfering with the
legislation or issuing direction to the legislators, who are the law makers,
this Court leaves it to the legislative domain.
8.For that purpose it is necessary to direct the petitioner to make a
representation setting out all the grounds with substantiating materials as
well as judicial precedents to the 1st respondent within a period of three
weeks from the date of receipt of a copy of this order. On such
representation, the respondents are directed to consider the same and after
forming appropriate opinion as to the objects and reasons of the
classifications particularly between the General Category and Women
Category, pass a reasoned appropriate order within a period of eight weeks
thereafter.
9.With the above direction, this Writ Petition stands disposed of. No
costs.
05.07.2021
kas
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No

M.GOVINDARAJ, J.
kas
To.
1.Government of Tamil Nadu
Rep. by Secretary to Government
Home (Prison.I) Department
Secretariat
Fort St. George
Chennai 600 009
2.The Director General of Prisons
Egmore
Chennai 600 008
W.P.No.26921 2008
05.07.2021

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