Tamil Nadu State Government Vs State of Tamil Nadu

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 3^rd respondent in his proceedings No.16925/H1/2014, dated 08.04.2014, in Circular No.6/2014 and quash the same and direct the respondents to take steps to fill up the existing Watchman vacancies in accordance of the rules.

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For Petitioner : Mr.M.Silambarasan for Mr.R.Ganesh Babu

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For Respondents : Mr.G.Nanmaran

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Special Government Pleader for R1 Mr.R.Sasikumar Government Advocate for R2 & R3

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ORDER

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In this Writ Petition, the Petitioner has challenged the

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Circular/Communication dated 08.04.2014 issued by the 3^rd Respondent (hereinafter referred to as the 'Impugned Order'). By the Impugned

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Order, the 3^rd Respondent has directed the Assistant in the Sub Registrar's Office to take over duty as Watchman during Night Shift in addition to working as 'Assistants'. Relevant portion of the Impugned Order dated 08.04.2014 reads as under:-

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“gjpt[j;Jiwapy; ,a';Fk; midj;J rhh;gjpthsh; mYtyf';fspYk; 24 kzp neuKk; fhty; gzp nkw;bfhs;sg;gl;L mYtyfk; KGg;ghJfhg;g[ld; ,a';fg;gl ntz;Lk;/

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fle;j khj';fspy; bts;sf;nfhtpy;. ngudhk;gl;L. nguk;ghf;fk; Mfpa rhh;gjpthsh; mYtyf';fspy; jpUl;L eilbgw;Ws;sJ/ rhh;gjpthsh; mYtyf';fspy; fhty; gzp Kiwahft[k;. KGikahft[k; eilbgwhikahy; fst[ rk;gt';fs; eilbgw;W mjd; tpguk; gjpt[j;Jiwj;jiytUf;F tug;bgw;Ws;sd/ ,r;rk;gtk; kpft[k; tUe;jjf;fJ/ ,J rhh;gjpthsh; mYtyf';fspy; cs;s epue;jug; gjpntLfs; Mtz';fs;. ,ju gjpntLfs; kw;Wk; fzpdp cgfuz';fs; Mfpatw;wpd; Kf;fpaj;Jtj;ijf; fUj;jpy; bfhz;L ,g;gzpapid kpft[k; bghWg;g[ld; eilbgw bra;tJ mtrpakhFk;/

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gjpt[ mYtyf';fspy; fhtyu; gzpapy; ,Ug;gpd; mtuJ gzp Kgikahf nkw;bfhs;sg;gl ntz;Lk;/ fhtyh;fs; ,y;yhj mYtyf';fspy; mYtyf cjtpahsnu ,ut[ fhty; gzpapida[k; nrh;j;J nkw;bfhs;s mwpt[Wj;jg;gLfpwJ/ ,jd;go 24 kzp neuKk; mYtyfk; KGg;ghJfhg;gpy; tpHpg;g[ld; ,a';f rk;ke;jg;gl;l gzpahsh;fis mwpt[Wj;jp chpa eltof;if cld; nkw;bfhs;s Jizg;gjptj;Jiwj; jiyth;fs;. khtl;lgjpthsh;fs; mwpt[Wj;jg;gLfpwhh;fs;/

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nkw;go. Rw;Wf;fhty; gzp nkw;bfhs;tJ bjhlh;ghf epiyahiz 45 kw;Wk; 1185y; fhZk; mwptiufis gpd;gw;wp ehs;njhWk; fhty; gzp Vw;gth;. tpLtpg;gth; Mfpnahhplk; chpa xg;gk; bgwg;gl;L gjpntL KGikahf guhkhpf;fg;gLtJld; fhty; gzp Kiwahf nkw;bfhs;sg;gLfpwjh vd;gJ Fwpj;J gjpt[ mYtyh;fs; mt;tg;nghJ jpOuha;t[ (tpLg;g[ ehl;fs; cl;gl) bra;J cWjp bra;J bfhs;s ntz;Lk;/

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W.P.No.21736 of 2014

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45(a)(i)The duty of guarding the office during nights shall be distributed between the several peons of a registration office by turns. A peon who is detailed for this duty is expected to guard the office from the time at which it is closed until he is relieved on the following day. A registration office shall not be left unguarded at any time. Dereliction of duty in the matter of guarding of registration offices out of office hours is a serious matter and shall be dealt with accordingly.

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(ii) In each office, the night duty shall be performed by each peon for a week. When one of the two peons in a Sub-Registry office is absent on remittance duty or on casual leave or for any other reason, the other shall attended office during the day besides guarding it at night.

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(b) The peon detailed for night duty, is responsible for fastening, after the day's work is over, the doors of the windows of the office room to which he has access.

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(c) The head of the office, shall satisfy himself that the peon directed to do night duty is actually present in the office during the night. He shall visit the office by surprise atleast once a week to check whether the peon on night duty is actually on duty and enter the result of the check in the patrol register.

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(d) A register designated the patrol register in Form Regn.11-123 shall be maintained in each office for recording information on the point. This will also serve as an attendance register for all the peons in Sub-office, and for such of the peons in District Registrar's offices as are detailed for guarding the office out of office hours.

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(e) The peons other than those to whom the duty of guarding the office at nights is assigned shall mark their attendance in the attendance register of Assistants and Junior Assistants.

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(f) An acting peon should not ordinarily be employed for carrying remittance to the treasury

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Every registering officer in charge of an office is required to ascertain, personally or otherwise, from time

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to time whether the peon detailed for the duty of guarding the office at register is actually present in the office. A record of such visits made by the registering officer shall be entered in the Patrol Register (Chapter I).

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nkw;fz;l eltof;iffis jtwhky; gpd;gw;wp gjpt[ mYtyh;fs; 24 kzp neuKk; KGg;ghJfhg;g[ld; bray;gl ntz;oaJ rk;ge;jg;gl;l gzpahsh;fs; kw;Wk; gjpt[ mYtyh;fs; Mfpnahhpd; bghWg;g[ kw;Wk; flik MFk;/

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nkw;fz;l eilKiwfis rk;ge;jg;gl;l Jizg;gjpt[j;Jiwj;jiyth; kw;Wk; khtl;lg;gjpthsh;fs; fz;fhdpj;J jpOuha;t[fs; nkw;bfhs;s mwptWj;jg;gLfpd;wdh;/ ,jpy; VnjDk; jtWfs; epfGk; gl;rj;jpy; kpft[k; fLikahf fUjg;gl;L rk;ge;jg;gl;l mYtyh;fs; kPJ xG';F eltof;if nkw;bfhs;sg;gLk; vd bjhptpf;fg;gLfpwJ/

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,e;j Rw;wwp;fifapid bgw;Wf; bfhz;l xg;g[jiy rhh;gjpthsh;fs; jj;jk; khtl;lg; gjpthsh;fSf;Fk;. khtl;lg; gjpthsh;fs; rk;ge;jg;gl;l Jizg;gjpt[j;Jiwj;jiyth;fSf;Fk;. Jizg;gjpt[j;Jiwj; jiyth;fs; ,t;tYtyfj;jpw;Fk; cld; mDg;gp itf;f ntz;Lk; vd;W mwpt[Wj;jg;gLfpwJ/”

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The case of the Petitioner is that the members of Petitioner Association who are working as 'Office Assistants' and 'Basic Servants' are being forced to work as Night Watchman, even though, it is not part of the duty prescribed under the Tamil Nadu Service Manual for the post of Office Assistant and Basic Servant.

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The further case of the Petitioner is that despite the Writ Petition being filed in the year 2014, status quo still continues and even as on

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date the Office Assistants are being post as Night Watchman in the Sub

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Registrar's office in addition to working as Office Assistants.

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The 3^rd Respondent has filed a Counter Affidavit as early as April, 2015. In Paragraph No.5 of the Counter Affidavit, it has been stated that the Office of the Sub Registrar and District Registrar holds most important and valuable records and records relating 150 years old immovable property transactions are being preserved.

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It is therefore stated in the Counter Affidavit that considering the importance of preserving and protecting the records, the Government have sanctioned invariably 2 peons, now referred as Office Assistants, even for a Sub Registrar Office, having a strength of only three staff viz., one Sub Registrar, one Assistant and one Junior Assistant. Hence, it is submitted that one Office Assistant is to attend the office in the day and the other Office Assistant is to guard in the night by weekly turn and that this arrangement has been made vide Standing Order No.45 issued by the

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3^rd Respondent.

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It is further stated in the Counter Affidavit by the 3^rd Respondent

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that this system of Office Assistants guarding the office was in force for over a century. Further, it is submitted that the Representation given by the Petitioner Association was considered and therefore pursuant to which the Government has sanctioned the post of Watchman in the Sub Registrar Offices in a phased manner.

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In the Counter Affidavit, it has also been stated by the 2^nd Respondent that the Government has sanctioned to fill up the 308 vacant posts of Watchman by appointing 178 part time Masaljis and 130 posts through Tamilnadu Ex-servicemen's Corporation Limited (TEXCO). It is further stated that however 130 watchman posts could not be filled up through TEXCO for various reasons and the same is under active consideration by the Government.

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In the Counter Affidavit, it has also been stated by the 3^rd

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Respondent that filling up the post of Watchman in the Offices of SubRegistrar and District Registrar is getting delayed and sincere efforts

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have been taken by the Government to fill up the post of Watchman. It has also been stated that after computerization of records, it has become further important to safeguard the Offices of Sub Registrar and therefore the Office Assistants have been directed to also take over the duty as Watchman and that the circular to that effect was issued vide Impugned Order dated 08.04.2014 emphasizing the need to guard the Offices of Sub-Registrar full time till a regular Watchman is posted in the concerned Offices.

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The learned Special Government Pleader for the 1^st Respondent submits that Government has also now taken a decision to outsource the work of Watchman as appointments to the post of 'Watchman' is getting delayed and since appointments could not be made immediately.

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The learned Government Advocate for the 2^nd and 3^rd Respondent has filed a copy of Communication dated 05.03.2025 issued by the 3^rd Respondent addressed to the Office of the Government Pleader, wherein, emphasising the averments in the Counter Affidavit, it has been stated that Government Servants are bound to do such additional duties

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as per Rules and that the post of Watchman and Office Assistant are classified as Class III and IV posts of Tamil Nadu Basic Service Rules having the same scale of pay.

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Therefore, it is stated that there is no difference between the aforesaid two posts, and that the Rules have not been violated in any manner by issuing the Impugned Order. It is further stated that efforts are being taken to fill up the vacant posts of Watchman and that till such time to safe guard the Offices, the service of Office Assistants for guarding the Offices is inevitable.

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In the aforesaid Communication dated 05.03.2025, it is further stated that the Impugned Order was issued as a temporary measure till the appointment of regular Watchman are made. It is stated that measures have been taken to fill up the vacancies in the post of Night Watchman in the 3^rd Respondent Department.

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I have considered the arguments advanced by the learned counsel for the Petitioner, learned Special Government Pleader for the 1^st

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Respondent and the learned Government Advocate for the 2^nd and 3^rd Respondents.

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A reading of the Counter Affidavit filed by the 3^rd Respondent and the latest Communication dated 05.03.2025 issued by the 3^rd Respondent indicate that serious steps have been taken to appoint persons to the post of Watchman. However, it is revealed that on account of various factors, such vacancies in the post of Watchman at the

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3^rd Respondent Department could not be filled up.

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The fact remains that the 3^rd Respondent also recognized that the work of the Office Assistant is different from the work of a Watchman. The work of the Office Assistants in the Sub Registrar's Office would only involve miscellaneous activities such as obtaining signatures of the applicants/parties to the documents, affixing of thumb impression etc,.

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The requirement of keeping the office and the records safe and secured is on the 3^rd Respondent. The activity of keeping a watch over

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the Office of the 3^rd Respondent has to be professionally managed by competent persons having requisite qualification to work as Night Watchman. It cannot be posed on untrained persons like members of the Petitioner's Association who are merely an Office Assistants. Therefore, the members of the Petitioner's Association cannot be asked to take over the duty as Night Watchman in addition to the work as Office Assistants in the Offices of the 3^rd Respondent.

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It is noticed that even in the year 2015, when the Counter Affidavit was filed by the 3^rd Respondent, the 3^rd Respondent has stated that serious attempt was made by the Government to recruit 308 Watchman by appointing 178 part time Masaljis and 130 posts through Tamil Nadu Ex-servicemen's Corporation Limited (TEXCO). For whatever reasons stated in the Counter Affidavit, the proposal has not been fully implemented as 130 posts of Watchman could not been filled up through TEXCO.

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Since the public records have to be preserved in a proper

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manner at the Offices of the District Registrar and Sub Registrar, the

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current practice of deputing Office Assistants to take over duty as Night Watchman is to be discontinued, as the members of the Petitioner Association are not professionally qualified to work as Watchman. However, this practice may be continued for an another period of six months from the date of receipt of this Order.

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The Respondents are directed to ensure the vacancies to the post of Watchman are filled up and regular Watchman are appointed to the post. In case, it is not feasible to immediately appoint persons to the post of Watchman, the 1^st Respondent shall endeavor to issue suitable Government Orders/Circular authorizing the 3^rd Respondent to outsource the service from concerned security agencies. This exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

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