Weekly-off for cops must, govt will face contempt if it fails to comply, says Madras HC
MADURAI: The Madurai Bench of the Madras High Court on Monday ordered strict implementation of 2021 G.O granting compulsory weekly off to constables and head constables, warning that contempt proceedings would be initiated against officers who fail to comply.
Justice Battu Devanand passed the order on a petition filed by M Senthil Kumar, a head constable at the Austinpatti station in Madurai, who alleged that the government order was not being properly implemented.
Observing that the issue concerns not just one individual but thousands of police personnel across the state, the judge said vague claims of compliance made by the state government could not be accepted. The government had contended that weekly or fortnightly offs were being given to police personnel in all districts.
Additional advocate general Veera Kathiravan argued that the petition should be treated as a public interest litigation (PIL), as the petitioner has raised the grievances of other police personnel, which is not maintainable in service matters. Therefore, the petition itself was not maintainable, he submitted.
However, the judge noted that there was no association in Tamil Nadu to represent the grievances of police personnel. 'In such a situation, it is unreasonable to expect every police personnel to approach the court individually to seek the benefit of weekly off,' he said.
The judge pointed out that the government's decision to grant compulsory weekly off was intended to allow constables, head constables, special sub-inspectors and sub-inspectors to safeguard their health and spend time with their families. 'While the decision is laudable, ineffective implementation is depriving police personnel of its benefits,' the judge observed.
The government had issued a G.O. on November 3, 2021, sanctioning one day weekly off for police personnel up to the rank of head constable. A similar G.O. was issued the following year for sub-inspectors and special sub-inspectors. But the petitioner alleged that both the orders have not come into force till now.
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