Eradicate orderly system, extracting household work from uniformed police personnel: Madras High Court to State

The Madras High Court on Tuesday directed the State government and police machinery to completely eradicate the practice of the orderly system within four months [U Manickavel v State]..Justice SM Subramaniam also directed the respondents to withdraw any orderlies deputed to residences of retired officials immediately, conduct an enquiry if any complaints are received and identify illegal occupation of official police quarters. "The Constitutional Courts as the protector of the Constitution, is expected to raise voice for such voiceless police personnel made to perform household works in the residence of the higher officials," the Court observed in its order. .The issue was taken up by the Court while hearing a case relating to unauthorised occupation of official police quarters by a higher official for several years. While hearing this matter, it was brought to the notice of Justice Subramaniam that such illegalities were common in the department, and that higher officials were maintaining the orderly system of engaging uniformed service personnel to perform their household work. .The Court observed that performing household tasks below the dignity of trained police personnel caused their lives to become a misery and infringed upon their dignity."The concept is opposed to public policy and directly in violation of Article 21 of the Constitution of India, as it affects the dignity of the trained uniformed police personnel, whose public duty is to maintain the Law and Order and guard our great Nation.".Justice Subramanian also discussed an affidavit that was brought on record by the Director General of Police (DGP) informing the Court that all possible steps were being taken to curtail this practice without sacrificing official work.In fact, the affidavit reiterated that the department was fully in agreement with the views of the Court, that police personnel should not be used for household and menial work.Consequently, undertakings from all higher officials serving in the the State were brought on record stating that orderlies were not being used for any duty other than their official work. .In this regard, the Court pointed out that the government itself had stated by way of government orders in1979 that an alternate arrangement for appointment of 'Last Grade Government Servant' would have to be made in place of orderlies. Thus, it was directed that this exercise be done as expeditiously as possible for the benefit of higher police officials, their effective functioning and performance of public duties..Previously, the Court had made strong observations against this system, while impleading the DGP as a party to the petition. Justice Subramaniam had said that this was a "colonial slavery system" which ought to be done away immediately..Advocate M Deivanandam appeared for the petitioner while the State was represented by Additional Advocate General P Kumaresan along with Special Government Pleader S Anitha..[Read Order]