R. RAMALINGAM Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The Marxian Maxim 'From each according to his ability, to each according to his need' is applied in part by Tamil Nadu Prison Rules, 1983. Rule 228(7) of the Prison Rules states that the Prison tasks shall be assigned with careful regard to the capacity of the Prisoners. When it comes to according facilities, Prisoners are held eligible for class 'A', if they by social status, education or habit of life have been accustomed to a superior mode of living.

(2.) When one Manikandan claimed 'A' Class facility in Madurai Central Prison on the ground that during his incarceration, he acquired Degree qualification, his request was rejected by the Government. Construing Rule 225, we held that a bare reading of the Rule indicates that the acquisition of Educational qualification should have preceded the Prisoner's conviction/ sentence. In other words, by virtue of his education, the Prisoner should have already been accustomed to a superior mode of living when he was a free bird. Acquiring qualification in Prison cannot be a ground for invoking Rule 225(1)(i). We do not propose to depart from the said view taken vide Order, dtd. 18/11/2024 in W.P.(MD) No.21645 of 2024.

(3.) The Writ Petitioner states that his Son/Thiru. Ravi, who is undergoing Life Sentence in Central Prison, Palayamkottai is having certain Neurological issues. The learned Counsel for the Petitioner submitted that the Prisoner has to be given Cot facility for sleeping and permitted to use Western Toilet. He submitted that such facilities will be available to the Petitioner's son only if he is placed under 'A' Class.