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2025 Supreme(Mad) 2189
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
BATTU DEVANAND, J.
M.Senthil Kumar - Appellant
Versus
The Director General of Police, Law and Order - Respondent
W.P.(MD)No.10933 of 2025 and WMP. (MD) No.8141 of 2025
Decided on : 28-04-2025
Advocate Appeared:
For the Petitioner: Mr.G.Sakthi Rao
For the Respondents:Mr.Veera Kathiravan Additional Advocate General assisted by Mr.N.Satheesh Kumar Additional Government Advocate
The court affirmed the necessity for effective implementation of Government Orders granting weekly off to police personnel, emphasizing health and quality of life.
Headnote:
(A) Government Orders - G.O.(Ms.)No.469 dated 03.11.2021 and G.O.(Ms.)No.421 dated 08.08.2022 - Writ of mandamus sought for proper implementation of Government Orders granting weekly off to police personnel - The petitioner, a Head Constable, contended that the denial of weekly off affects health and family life, leading to stress and rough handling of the public. The court noted the Chief Minister's announcements and the subsequent Government Orders aimed at improving police personnel's quality of life. (Paras 2, 3, 17)
(B) Public Interest Litigation - The court clarified that while service matters typically do not allow for Public Interest Litigation, the petitioner's demonstration of collective grievances of police personnel does not negate his individual claim. (Paras 10, 12)
(C) Implementation of Government Orders - The court emphasized the necessity for effective implementation of the Government Orders to ensure the health and well-being of police personnel, directing the respondent to comply. (Paras 19, 21)
Findings of Court:
The court found merit in the petitioner's request for proper implementation of the Government Orders, recognizing the importance of weekly off for police personnel's health and family time.
Result: Writ petition allowed with directions for implementation of Government Orders.
ORDER :
Heard Mr.Sakthi Rao, learned counsel for the petitioner and Mr.Veera Kathiravan, learned Additional Advocate General assisted by Mr.N.Satheesh Kumar, learned Additional Government Pleader for the respondents and carefully perused the materials available on record.
2. This writ petition is filed by a Head Constable working in the Tamilnadu State Police Force seeking issuance of writ of mandamus to direct the respondent to properly implement the Government Orders in G.O(Ms.)No.469 dated 03.11.2021 and G.O.(Ms.)No.421 dated 08.08.2022 to avail one day compulsory weekly off by considering the petitioner's representation dated 03.03.2024 and permit to take one day weekly off by the petitioner in accordance with law within a stipulated time in the interest of justice.
3. The brief facts of the case are as follows:
(i) According to the learned counsel for the petitioner, the police personnel discharged their duty round the clock on all days of the week. It has been affecting them physically and mentally, since they performed duty without any rest. They are suffering with a lot of stress and strain, which some times lead to depression. Besides this, they are not able to spend quality time with the family members. They are unable to attend the family functions also. Due to this, some time, the general public, who approached the police suffered a lot because of the rough handling of the police. In order to take care of their health and to spend time with their family members, compulsory weekly off is required.
(ii) Considering the difficulties being faced by the police personnel, the Hon'ble Chief Minister of State of Tamil Nadu has made an announcement in the floor of the Legislative Assembly on 13.09.2021 by granting weekly off to the police personnel upto the level of Head Constable. Following the announcement of the Hon'ble Chief Minister in the house, the State Government has issued orders in G.O.(Ms.)No. 469, Home (Police-IX) Department 03.11.2021 for amendment to the Police Standing Order 243 (1) The said amendment is extracted herein under:
All Police personnel upto the rank of Head Constable shall have five working days, for working on the sixth day in case of existence for which extra time remuneration will be given and on-day compulsory off in each calender week. The schedule of weekly-off duty for the Police Personnel shall be drawn in advance and pasted in the Notice Board of the Police Station/Unit. This will be liable to alteration should it be found later that a particular Head Constable or Police Constable is required for a particular duty on his off-duty day. That Head Constable or Police Constable will then be given the day off- duty on the day preceding or following his allotted day and a Head Constable or Police Constable due for off-duty on that day will be inter-changed”
''If, in the Public Interest, any Head Constable or Police Constable, is not given a day off-duty in any week, he shall be granted Compensatory off on some other day''.
(iii) The said Government Orders and amendment to the Police Standing Orders are communicated by the respondent to all concerned officials for taking necessary action.
(iv) Thereafter, the Hon'ble Chief Minister of Tamil Nadu has also made an announcement on 10.05.2022 to grant weekly off to the Sub-Inspectors and Special Sub-Inspectors of police. Accordingly, the State Government issued orders in G.O.(Ms.)No. 421, Home Police XI Department dated 08.08.2022 sanctioning one day off for every 15 days to the Sub-Inspectors and Special Sub-Inspectors of police and necessary amendments are made to the Police Standing Orders 243(1) and 243(5).
4. The grievance of the petitioner is that even after issuing specific instructions to all the concerned officers in the Police Department in the State of Tamil Nadu, the said orders are not properly implemented so far. It is his specific case that he was denied one day weekly off many times. Due to the denial of weekly off, the petitioner has suffer
