Petitioner sought writs for details of camp followers, investigation into an alleged assault, and inquiry into misuse of government vehicles. The court, satisfied with the State's counter affidavit alleging frivolous claims, dismissed the petition.
None. The writ petition seeking directives for details, investigation, and report was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 21321 OF 2018
PETITIONER/S:
P.D.JOSEPH AGED 60 YEARS
S/O.DEVASSY, PANENGADAN HOUSE,THRISSUR-680581, (EDITOR, CEASOR NEWS, TIRUR, THRISSUR) BY ADV P.D.JOSEPH (PARTY IN PERSON)
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,HOME DEPARTMENT, GOVERNMENT SECRETARIAT,TTHIRUVANANTHAPURAM-695001.
OTHER PRESENT:
SRI. TEK CHAND, SR GP FOR R1 AND R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 21321 of 2018 -2-
J U D G M E N T
S. Manikumar, C. J.
Petitioner has sought for the following reliefs:-
“i) To issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to submit complete details of Camp Followers engaged in the State forthwith or within such time as this Hon'ble Court may deem just and proper in the interest of justice;
ii) To issue a writ of mandamus or other appropriate writ or order appointing an Advocate Commissioner and direct him to ascertain and report on the brutal attack on the camp follower/driver namely Gavaskar by the daughter of the ADGP Sudheesh Kumar;
iii) To issue a writ of mandamus or other appropriate writ or order appointing a sitting Judge of the Thiruvananthapuram District & Principal Sessions Court, to enquire into the matter of misuse of obsolete Government vehicles and unauthorized exploitation of services of camp followers for domestic work of the superior officers and to submit a report before this Hon'ble Court within such time as this Hon'ble Court may deem fit and proper in the interest of justice;
W.P.(C) No. 21321 of 2018 -3-
iv) To issue a writ of mandamus or other appropriate writ or order directing respondents 1 and 2 submit the amount spent so far for appointment of temporary camp followers in the State.”
According to the petitioner, he has filed the instant writ petition seeking interference of this Court in the matter of atrocities and human right violations meted out to the camp followers, who are engaged as cook, dhobi, menials etc. in the armed police battalions, for domestic work of senior officers.
Petitioner has contended that the camp followers silently tolerate such atrocities and human right violations, due to fear of termination from service. Petitioner has further contended that it is high time to investigate into such illegal activities adopted in the police department, to prevent the violation of fundamental rights and miscarriage of justice.
W.P.(C) No. 21321 of 2018 -4-
recruitment of camp followers, across the State.
hereunder:-
“5. i. The Camp Followers are employees of State Government working in Police Department for supporting the active police functions and helping the upkeep of the police force which include the post of Cook, Sweeper, Barber, Dhobi etc. Whenever vacancy arises in their rank, daily wage workers are taken on temporary basis as per the norms in the Government, till filling up of those vacancies as stipulated under the rules. The appointments of the regular Camp Followers so far were being done through the employment exchanges; the appointing authority of the Camp Followers being the concerned unit heads. However, a decision has been taken by the Government to appoint the Camp Followers through Kerala Public Service Commission, for which the necessary rules are under preparation.
ii. The drivers in Police department are not Camp Followers as wrongly suggested by the petitioner herein. They are included in the technical category and have a separate mode of intake and employment.
W.P.(C) No. 21321 of 2018 -5-
iii. There are 1231 number of Camp Followers working in the category of Cook, Dhobi, Cook cum Sweeper, Barber, Sweeper-cum sanitary worker and Water carrier. There is no 'Menial' category among Camp Followers as derogatorily stated by the petitioner. As of now, there are 355 numbers of vacancies and due to the administrative exigencies, daily wage workers are at times employed to supplement the services required in the camps.
iv. It is submitted that no such complaint as detailed by the petitioner has been received from any particular Camp Follower alleging that he/she is being enslaved or ill-treated in any manner. The allegation of slavery raised by the writ petitioner is totally baseless, mischievous and an attempt to demoralize a force with an apparent motive to cause dissention. It also appears to be an attempt to incite disaffection among the Police force. All the issues and grievances of the force including that of the Camp Followers are dealt by the unit heads and if the same are not redressed, then by the superior formation viz Inspector General of Police / Additional Director General of Police/ Police Headquarters.
v. The duty time of Camp Followers normally is not more than eight hours. Whenever the force is deployed in different locations for urgent law and order duty, the service of Camp Followers are also provided.
vi. The Camp Followers are not deployed for domestic work of IPS officers, they are deployed to a few of the Camp Offices at the District, Battalions or Ranges only.
W.P.(C) No. 21321 of 2018 -6-
vii. A permanent Camp Follower has all the allowances of Pay, Dearness Allowance (DA), House Rent Allowance (HRA), City Compensatory Allowance (CCA), Day off allowances and Camp Follower Allowance (CFA)/Special allowances. They also get the uniform allowance and are members of Kerala Police Welfare & Amenity fund, a welfare body to look after the Police personnel.
viii. The allowance granted to senior officers is not for domestic help but for officer assistant and the amount varies from 1800/- per month for junior scale officers to the maximum amount of Rs. 6200/- for Chief Secretary and equivalent rank officers.
W.P.(C) No. 21321 of 2018 -7-
armed police forces, police band, trainers, police recruits stay, have to have, cooks to cook, sweepers to sweep, barbers for hair cut and other categories of followers for the varied jobs for which they are recruited. The camp offices of the District Police Chief etc have one odd Camp Follower for the cleanliness and upkeep of the camp offices and cater the basic needs of a visitor to the concerned Superintendent of Police or Inspector General of Police. Not a single Camp Follower among the 29 working in the Camp Offices have made any complaint against superior officers.
W.P.(C) No. 21321 of 2018 -8-
Court. The matter has no relevance here and is superfluous to the issue delved into.
W.P.(C) No. 21321 of 2018 -9-
led to suicides. The department has taken steps for stress management and effective work load distribution. As per the direction of the State Government, a man power audit of Kerala police is being undertaken by the Additional Director General of Police, Headquarters. It would be inter alia examining the overall deployment of Kerala police personnel and different aspects of work load.
General of Police (PG), Police Headquarters, Thiruvananthapuram, which are not disputed. In addition to the above, Mr. P. D. Joseph, party-in-person, submitted that he is not pressing the reliefs sought for in the writ petition. Submission of the party-in-person is also placed on record.
W.P.(C) No. 21321 of 2018 -10-
We are satisfied with the reasons assigned in the counter
affidavit. Placing on record the above submission of the parties, writ petition is dismissed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
//TRUE COPY/// P. A. TO JUDGE
W.P.(C) No. 21321 of 2018 -11-
APPENDIX OF WP(C) 21321/2018
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE STATEMENT OF THE CAMP FOLLOWERS ASSOCIATION EXHIBIT P2 TRUE COPY OF THE REPORT IN WEBSITE FIRST POST.COM EXHIBIT P3 TRUE COPY OF THE NEWSPAPER REPORT IN INDIAN EXPRESS DATED 23/6/2017.
1 issue framed by the court
Whether to issue writs directing disclosure of camp follower details and investigation into alleged assaults or misuse of government vehicles.
P.D. Joseph
State of Kerala
Director General of Police State of Kerala
President Camp Followers Association
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
