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2024 Supreme(Online)(MAD) 12555
HIGH COURT OF MADRAS
Hon`ble The CHIEF JUSTICE
K.R.RAJA – Appellant
Versus
THE STATE OF TAMIL NADU – Respondent
Administrative bodies have the discretion to reallocate positions based on evolving operational requirements, provided they justify the need.
Headnote:
Employment - Administrative Decision - Government Orders List - The court examined the legality of government orders leading to the surrender of posts for Probation Officers in favor of creating Psychologist positions, emphasizing the administrative discretion of the state in realigning personnel based on service requirements.
Fact of the Case:
The case challenges three Government Orders that surrendered 32 posts of Probation Officers in the Tamil Nadu Prison Department in favor of creating new posts for Psychologists, citing the crucial role of Probation Officers in prison administration.
Finding of the Court:
The court found that the Government has the authority to periodically review and realign posts within the prison department based on operational needs, affirming the necessity for setting up Psychologist roles amid rising prisoner suicides.
Issues: The core issue was whether the state acted unlawfully in surrendering the posts of Probation Officers to create Psychologist positions.
Ratio Decidendi: The court affirmed that administrative decisions regarding post allocations are within the state's purview to ensure effective prison management and respond to emerging challenges such as prisoner welfare.
Final Decision: The writ petition is disposed of with no costs.
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] 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., .......... .........
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 prisoners and to decrease anxiety and tension, prisoners are to be thoroughly counselled to change their mindset. Since there was increase of suicides of prisoners tremendously in prisons, National Human Rights Commission, State Human Rights Commission, Honb'le Courts are scrutinizing suicide deaths of the prisoners in prisons, and in order to avoid suicide deaths of prisoners, creation of posts of Psychologist was imminent. Hence in G.O.(Ms.) No.781, Home (Prison-1) Department, dated 17.11.2011 the first respondent have created 9 posts of Psychologists in Central Prisons by surrendering 8 posts of leave reserve Probation Officers and one live post of Probation Officer due to absolute ne
