Raja.K.R v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI K.R.Raja ... Petitioner Vs

1. The State of Tamilnadu, Rep. by The Additional Chief Secretary, Home (Prison) Department, Government of Tamilnadu, Chief Secretariat, St.George Fort, Chennai - 600 009.

2. The Director General of Prisons and Correctional Services, Tamilnadu Prison Head Quarters, No.6, Whennals Road, Egmore, Chennai - 600 008.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus to direct the respondents to take necessary steps to fill the existing vacancies of 24 Additional Superintendents and 12 Social Workers in all the Central Prisons, Special Prisons for Women and in the Pudukottai Borstal School of Tamilnadu State, in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For respondents : Mr.R.Baskaran, Standing Counsel for Government

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.R.Alagumani, learned Counsel appearing for the writ petitioner and Mr.r.Baskaran, learned Government Counsel appearing for the respondents.

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2. The petitioner appears to be well qualified, he is also a Medical and Psychiatric Social Worker. The petitioner has flagged a very important issue with regard to vacancies in the post of Additional Superintendent of Prison and Social Workers in the Central Prisons, Special Prisons for Women and in the Pudukottai Borstal School.

3. The petitioner has highlighted about the duties and responsibilities of an Additional Superintendent of Police in terms of Rule 30 of the Tamil Nadu Prison Manual. A perusal of which shows that the role of Additional Superintendent of Prison is very very important role and absence of Additional Superintendent of Police will definitely hamper the administrative process.

4. The learned counsel appearing for the petitioner would submit that all 24 posts in the State are lying vacant. It is true that the concern of the petitioner needs to be noted with the utmost seriousness. At the same time, the Court has to be conscious of the fact that there may be several causes which results in not fillingup the various posts on timely basis. If for instance, in the feeder category, direct recruitment has to be resorted to fill-up the vacancies, promotions cannot be effected unless and until the recruitment takes place in a timely manner. That apart, drawing of the tentative panel would also be an exercise that is required to be done by the Government. In case, person is aggrieved by the tentative panel, he is entitled to submit his objection to the tentative panel and it needs to be decided.

There may be cases filed before the Courts and Tribunals and for determining the inter se seniority, which may also be one of the factors which may delay the recruitment process. That apart, vexatious cases under the name of improper procedure etc., will also be filed by the unsuccessful candidates. Therefore, it would not auger well for a Writ Court to exercise jurisdiction under Article 226 of the Constitution of India in a public interest litigation and dwell into the area concerning the Tamil Nadu State Police Service.

5. As mentioned above, we are also of the opinion that the vacancies needs to be filled-up at the appropriate time and the panel for promotion should be made ready well in advance and all other activities which are required to be followed, should be commenced much earlier, so that as and when vacancies arise, the posts can be filled-up.

6. The petitioner has been favoured with the reply by the Director General of Prisons and Correctional Services dated 10.03.2021, which is to the following effect: 2/4

7. Thus, it is seen that unless and until the Government approves the panel, promotions cannot be effected. Therefore, we would request the Authorities to look into the matter and bestow their attention, so that the posts can be filled-up, as it is stated that not only the Police administration is put to difficulty on account of the vacant posts not being filled-up, but also prisoners are affected, because, they are unable to meet their counsels when their counsel fixes prison visit and difficulty is also there when orders are passed for parole or ordinary and extra-ordinary leave. 3/4

8. These factors may borne in mind and the respondents shall take pragmatic decision at the earliest. With the above observations, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note :

2. In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Additional Chief Secretary, The State of Tamilnadu, Home (Prison) Department, Government of Tamilnadu, Chief Secretariat, St.George Fort, Chennai - 600 009.

2. The Director General of Prisons and Correctional Services, Tamilnadu Prison Head Quarters, No.6, Whennals Road, Egmore, Chennai - 600 008.

20.07.2021 RK (06.08.2021) 4P 3C 4/4