Eradicate 'orderly' system completely in 4 months: Madras High Court

The judge directed the authorities to ensure that the practice of orderly system stands eradicated in its entirety

The Madras High Court on Tuesday directed the Tamil Nadu Director General of Police (DGP), City Commissioner of Police and other authorities to completely eradicate 'orderly' system in the state in four months.

Justice S M Subramaniam gave the direction while disposing of a writ petition from U Manickavel, who challenged an order of the higher authority in 2014, which directed him to vacate the police quarters. Though he challenged this order, he vacated the premises in question only recently.

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The judge, basing on the counter-affidavits filed by the CoP and the DGP and the respective undertakings given by the other police officials, directed the authorities to ensure that the practice of orderly system stands eradicated in entirety in accordance with a GO of the State Home (Police-VI) department issued in September,1979. The said exercise shall be done within four months.

They should also withdraw the orderlies, if deputed to the residence of the retired officials at once, as the same would amount to an illegality and violation of law. The authorities shall conduct an enquiry, in the event of receiving any complaint or information, with regard to the misconduct or offences from any person and initiate all appropriate actions under the relevant law and under the Discipline and Appeal Rules. They should identify the illegal occupation of official police quarters and initiate all steps for eviction under the provisions of the Statute and the Rules in force, the judge said.

In his counter-affidavit, the DGP reiterated that the department is fully in agreement with the views of this court that the police personnel should not be used to do household and menial jobs (as orderlies) and has taken vigorous steps to prevent the same. Steps had been taken to fully implement the orders of the High Court in letter and spirit. He further assured this Court that this drive will continue in future also.

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The DGP -- Dr C Sylendra Babu -- himself filed an undertaking certifying that none of the police personnel deployed on official duty like security, wireless operators etc., at his residence are being employed in any other duty other than the official work assigned to them. Such undertakings have been obtained from all the higher officials serving in the department across Tamil Nadu, he added.

Consequent to the implementation of the 1979 GO in its letter and spirit by eradicating the orderly system in the police department, the higher police officials required assistants on par with other All India Rank Officials. In this connection, the judge pointed out that the same GO had stated that an alternate arrangement for appointment of last grade government servant will have to be made in the places of orderlies at the scale admissible under the orders in force. It further stated that the DGP has to submit a proposal in this regard to the government in consultation with the Principal Home Secretary to government. Thus, the said exercise is to be done by the authorities as expeditiously as possible for the benefit of higher police officials and for their effective and efficient functioning and performance of public duties, the judge added.