IMPORTANT POINT
The authority of the respondents to review and reallocate posts in the prison department based on changing needs and the necessity of creating new posts for the mental well-being of prisoners.

ORDER :

Sanjay V. Gangapurwala, J.

(Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling the entire records connected with the 3 Government Orders such as 1. G.O.(Ms).No.635 dated 25.10.2011 Home (Prison-II) Department; 2. G.O.(Ms).No.781 dated 17.11.2011 Home (Prison-I) Department; 3. G.O.(Ms).No.793 dated 21.11.2011 Home (Prison-I) Department, issued by the respondent no.1 relating to surrender of 32 probation officers post in the Tamil Nadu Prison Department and quash the same as illegal, consequently direct the respondents to restore the 32 surrendered probation officers posts in Tamil Nadu Prison Department in accordance with law within the time stipulated by this Court.)

1. The present petition is filed challenging the three Government Orders thereby surrendering 32 posts of Probation Officers in the Tamil Nadu Prison Department.

2. The learned counsel for the petitioner submits that the Probation Officers in the Prison Department have a vital role to play. Their duties are earmarked. There is no need to surrender the Probation Officers post for the sake of creating Psychologist posts in the prison. According to the learned counsel, irrelevant posting are created in place of Probation Officers. Probation Officers have crucial role for the smooth administration. The Probation Officers can be posted to engage in the field level activities and give a necessary order to disburse the victims compensation fund expeditiously to all the deserving victims and their families.

3. We have heard the learned Government Pleader. A counter affidavit has been filed by the respondents.

4. In service jurisprudence, there is no concept of PIL except a Writ of Quo Warranto.

5. Be that as it may, under the Government Orders, certain posts of the Probation Officers have been surrendered and the said posts have been reallocated.

6. It has been stated in the counter affidavit that during the review of Law and Order by the then Chief Secretary to Government, it was decided to create Vigilance Teams in Central Prison and accordingly, under G.O.Ms.No.793, Home (Prison.I), Department, dated 21.11.2011, Special Vigilance Wing has been created in the Central Prisons. These were created in lieu of surrendering 32 posts of Probation Officers. Since there was a decreasing trend in the number of enquiries, it was expressed by the then Director General of Prisons, who was a Criminologist that the sanctioned strength of Probation Officers would have to be pruned. Paragraph Nos.19, 22 and 24 of the counter affidavit read thus:

“19. It is further submitted that, in Central Prisons High security risk prisoners like Hard core criminals, terrorist, naxalites and militant prisoners are confined along with remand and convict prisoners, who are violating rules and regulations. High risk prisoners pose challenges such as escape, hatching conspiracy or jail break, using contraband articles like cell phone, drugs, weapons, attack over prison personnel, violation of the rules and regulations etc.,

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22. It is therefore submitted that, a psychologist has to make studies of psychological and behavioral attitude of each prisoner on his admission and also to undertake the work of counselling and suggest other remedial measures in the field of rehabilitation. Besides, the Correctional Officer has to assist and co-operate with the custodial staff of the Prison in matters relating to security, custody, discipline, day-to-day functioning and the administration of the prison and also in building prison morale through their counselling. Further, various types of prisoners such as convicts, remand, fundamentalists, detenu's, dacoits, murderers, extremists, terrorists are confined in prisons are to be properly classified for the purpose of treatment and reformation in prisons by correctional officers who are also members of classification committee. Further, in order to prevent suicides among prisone