K.Manjula W/O.(Late) Kalidoss v. The Secretary To The Govt Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.1390 of 2017 K.Manjula : Petitioner -vs1.The Secretary to the Government of India, Ministry of Social Justice, Room No.740, A-Wing, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Secretary to the Government of Tamil Nadu Municipal Administration & Water Supply Department, Secretariat, Chennai-600 009.
3.The Chairman & Managing Director, Tamil Nadu Water Supply & Drainage Board, 31, Kamaraj Salai, Chepauk, Chennai-600 005.
4.The District Collector, District Collector Office, Sivagangai District. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the respondents to pay a sum of Rs.10,00,000/- [Ten Lakhs only] to the petitioner by way of compensation in the light of the direction issued by the Hon'ble Supreme Court of India in Safai Karamchari Andolen & Others -vs-- Union of India & others reported in 2014(3) CTC 177, within a stipulated time that may be fixed by this court. For Petitioner : Miss.G.Kavitha For 1st Respondent : Mr.S.Pillaimonicantan Senior Panel counsel for Government of India For R2 and R4 : Mr.C.Selvaraj Special Government Pleader For 3rd Respondent : Mrs.Porkodi Karnan
O R D E R
The prayer sought for in this writ petition is to direct the respondents to pay a sum of Rs.10,00,000/- [Ten Lakhs only] to the petitioner by way of compensation in the light of the direction issued by the Hon'ble Supreme Court of India in Safai Karamchari
Andolen & Others -vs-- Union of India & others, reported in 2014(3) CTC 177, within a time frame.
2.The petitioner would state that she belongs to Sakkiliar (Arunthathiyar), which comes under SC community and her husband Kalidoss was working as Cobbler and thereby, he was earning a sum of Rs.1,000/- per month and that since, it was insufficient to run the family, he used to go for other works relating to cleaning of the septic tanks and sewage in and around the locality. While so, on 30.08.2013 and 31.08.2013, the petitioner's husband Kalidoss along with one Selvam were engaged by one Paraman and the wife of the owner of the house Mrs.Thilagavathi Pandiyan, for removing blocks in the septic tank of the house situated at Mahatma Nagar, Sivagangai Thondi Road, Sivagangai. At that time, the said Kalidoss died of asphyxiation, for which a criminal case was registered in Crime No.734 of 2013 on the file of the Sivagangai Police Station, on 31.08.2013.
3.The petitioner would further state that her husband died leaving behind the petitioner and his 4 years old child and his aged parents. The petitioner would fairly admit that after the unfortunate accident, she was given Rs.3,50,000/- by the house owner as relief and compensation and now, she finds it difficult to run the family. So, she sent a representation to the respondents, on 01.11.2016 seeking compensation of Rs.10,00,000/- as per the decision of the Supreme Court. Since, no amount was paid, the present writ petition has been filed.
4.Heard Miss.G.Kavitha, learned counsel for the petitioner and Mr.S.Pillaimonicantan, learned counsel for the 1st respondent, Mr.C.Selvaraj, learned Special Government Pleader for the respondent 2 and 4 and Mrs.Porkodi Karnan, learned counsel for the 3rd respondent and perused the materials available on record. 5.Learned counsel for the petitioner, while reiterating the averments made in the affidavit filed in support of this writ petition, would submit that as per the decision of the Supreme court, the petitioner is entitled for Rs.10,00,000/-, however, in view of payment of Rs.3,50,000/- already made, prays for a direction to pay the balance amount compensation of Rs.6,50,000/- by the respondents.
6.Learned counsel for the first respondent would submit that as per the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013, and the decision reported in 2014(3) CTC 177 (Safai Karamchari Andolan & others vs. Union of India & others), any compensation, that has to be paid by the State Government and therefore, no claim can be made against the Union of India, the first respondent herein.
7.Learned counsel for the 3rd respondent would submit that they did not engage the petitioner's husband for cleaning the septic tank
and admittedly, he died, when he was engaged to clean the septic tank by private parties and therefore, the claim made against the 3rd respondent is liable to be dismissed.
8.Mr.C.Selvaraj, learned Special Government Pleader for the respondents 2 and 4 would submit that in respect of the cases, decided by the Supreme Court and this court, on earlier occasions, the victims were not paid compensation, but in the case on hand, the petitioner had received Rs.3,50,000/- from the owner of the house as relief and compensation, where her husband was engaged in septic tank cleaning work and after waiving her right, the present claim cannot be entertained. It is also contended that admittedly, the deceased died, while cleaning septic tank in a private house, hence, the Government cannot be mulcted with liability to pay compensation. 9.At this juncture, it would be useful to refer the decision of the Hon'ble Supreme Court reported in 2014(3) SCC 177 (Safai Karamachari Andolan Vs.
(b) their children shall be entitled to scholarship as per the relevant scheme of the Central Government or the State Government or the local authorities, as the case may be;
(c) they shall be allotted a residential plot and financial assistance for house construction, or a ready-built house with financial assistance, subject to eligibility and willingness of the manual scavenger as per the provisions of the relevant scheme;
(d) at least one member of their family, shall be given, subject to eligibility and willingness, training in livelihood skill and shall be paid a monthly stipend during such period;
(e) at least one adult member of their family, shall be given, subject to eligibility and willingness, subsidy and concessional loan for taking up an alternative occupation on sustainable basis, as per the provisions of the relevant scheme;
(f) shall be provided such other legal and programmatic assistance, as the Central Government or State Government may notify in this behalf. (ii) If the practice of manual scavenging has to be brought to a close and also to prevent future generations from the inhuman practice of manual scavenging, rehabilitation of manual scavengers will need to include:- (a) Sewer deaths - entering sewer lines without safety gears should be made a crime even in emergency situations. For each such death, compensation of Rs. 10 lakhs should be given to the family of the deceased.
(b) Railways - should take time bound strategy to end manual scavenging on the tracks.
(c) Persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law.
(d) Provide support for dignified livelihood to safai karamchari women in accordance with their choice of livelihood schemes.
(iii) Identify the families of all persons who have died in sewerage work (manholes, septic tanks) since 1993 and award compensation of Rs.10 lakhs for each such death to the family members depending on them.
(iv) Rehabilitation must be based on the principles of justice and transformation."
10.Further, the Division Bench of this court in Indiankannon.org/doc/19656865/(The Secretary to the Government vs. Valaiyakka and two others) had an occasion to consider the issue as to whether when the death occurred at the premises of the private owner, the State Government is liable to pay compensation under the Act. Following the orders passed by the Hon'ble First Bench of this court in W.P.No.2988 of 2015, dated 18.01.2016 observed that the liability of the State Government is not absolved and after making payment, the amount can be recovered from the persons so liable. 11.In the light of the judgments referred to supra and the submissions made on either side, this court is of the considered opinion that the respondents 1 and 3 are not liable to pay any compensation and the amount is to be paid by the respondents 2 and 4.
12.In fine, the writ petition is allowed and the respondents 2 and 4 are directed to pay the balance compensation of Rs.6,50,000/- to the petitioner, within a period of four weeks from the date of receipt of a copy of this order, who in-turn, shall recover the same from the persons so liable. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To, 1.The Secretary to the Government of India, Ministry of Social Justice, Room No.740, A-Wing, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Secretary to the Government of Tamil Nadu Municipal Administration & Water Supply Department, Secretariat, Chennai-600 009.
3.The Chairman & Managing Director, Tamil Nadu Water Supply & Drainage Board, 31, Kamaraj Salai, Chepauk, Chennai-600 005.
4.The District Collector, District Collector Office, Sivagangai District.
+1cc to Miss.G.KAVITHA Advocate in SR. No.65474 +1cc to Mr.S.PillaimonicantanAdvocate in SR. No.66047 ER JS/MR.KKR/SAR.3/27.7.2017/5P-7C W.P.(MD)No.1390 of 2017 14.07.2017