Madras High Court
Sudha vs )State Of Tamil Nadu on 29 January, 2016
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.01.2016
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P(MD)No.23035 of 2015
Sudha ... Petitioner
Vs.
1)State of Tamil Nadu,
Rep. by its Secretary to Home Department,
Fort St.George,
Chennai-9.
2)The District Collector and District Magistrate,
Trichy District.
3)The Superintendent of Police,
Trichy District. ... Respondents
* * *
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, to direct the respondents to provide
appointment to the petitioner on compassionate grounds in any suitable post
by considering her educational qualification.
!For Petitioner : Mr.A.Rahul
For Respondents : Mrs.S.Bharathi
Government Advocate
:O R D E R
The petitioner seeks for a Mandamus directing the respondents to provide her appointment on compassionate grounds in any suitable post, by considering her educational qualification.
2.1. The petitioner belongs to Scheduled Caste. Her brother, namely, Muthukumar, was alleged to have been brutally murdered on 26.04.2015 by one Arunpandian and 3 others who belonged to a dominant caste Hindu community. The said occurrence took place within Manapparai Police limits and a First Information Report was registered in Crime No.342 of 2015 on the file of the Manapparai Police Station against the accused under Sections 147, 148, 341, 324, 302 IPC read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act').
2.2. The Deputy Superintendent of Police, Manapparai, after investigation of the said criminal case filed the final report and the same was taken on file for trial in Special S.C.No.11 of 2015 on the file of the PCR Court, Trichy and J.C.No.37 of 2015 on the file of the Juvenile Justice Board, Trichy.
2.3. The accused persons have been charged under Sections 147, 148, 341, 324, 302 read with 3(2)(v) and 3(2)(va) of the SC/ST Act.
2.4. The father of the petitioner sent a representation dated 08.05.2015 to the second respondent seeking to provide Government employment to the petitioner. The father of the petitioner also filed Crl.O.P.(MD)No.15847 of 2015 under Section 482 of the Code Criminal Procedure before this Court seeking a direction to the respondent to provide Government employment to the petitioner, placing reliance on Clause 21 of Annexure I read with Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as 'the SC/ST Rules').
2.5. A counter-affidavit was filed by the Deputy Superintendent of Police, Manaparai Sub-Division, Trichy District, in Crl.O.P.(MD)No.15847 of 2015 stating that the Superintendent of Police, Trichy District, has recommended to the District Collector, Trichy District, Trichy, for providing employment to the member of petitioner's family.
2.6. However, this Court dismissed Crl.O.P.(MD)No.15847 of 2015 on 14.12.2015 on the ground that the relief sought for could not be granted under Section 482 of Cr.P.C., though counter-affidavit is filed, in support of the claim of the petitioner.
2.7. Hence, the petitioner has filed this writ petition seeking the above said prayer.
3. When the matter came up admission, the learned Government Advocate took notice and taking into account, the counter-affidavit filed by the Deputy Superintendent of Police, Manapparai Sub Division, Tiruchirappalli District, in Crl.O.P.(MD)No.15847 of 2015, this Court expressed its view to take up the writ petition for final hearing and directed the learned Government Advocate to find out as to the steps taken by the respondents to provide relief under the SC/ST Act.
4. At the outset, it is relevant to note that Rule 12 of the SC/ST Rules provides for measures to be taken by the District Administration and norms for providing such relief is mentioned in Annexure I to Rule 12. Rule 12(4) of the SC/ST Rules is usefully extracted hereunder :
?12. MEASURES TO BE TAKEN BY THE DISTRICT ADMINISTRATION :-
(4) The District Magistrate or the Sub Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents according to the scale as in the schedule annexed to these Rules (Annexure-I read with Annexure-II). Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.
5. Clause 21 of Annexure-I of the SC/ST Rules is also usefully extracted hereunder in this regard :
Sl. No. Name of Offence Minimum amount of relief 21 Victim of murder, death, massacre, rape mass rape and gang rape, permanent incapacitation and dacoity In addition to relief amounts paid under above items, relief may be arranged within three months of date of atrocity as follows:-
(i) Pension to each widow and/or other dependents of deceased SC and ST @ Rs.
1,000/- per month, or Employment to one member of the family of the deceased, or provision of agricultural land, an house, if necessary by outright purchase.
(ii) Full cost of the education and maintenance of the children of the victims. Children may be admitted to Ashram Schools/ residential schools.
(iii) Provision of utensils, rice, wheat, dals, pulses, etc. for a period of three months.
6. At this juncture, it is relevant to extract the following passage from paragraph 12 of the counter affidavit filed in Crl.O.P(MD)No.15847 of 2015 :
''12. I submit that, as stated in Clause-21 of Annexure-I of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules 1995, the 2nd respondent has recommended to the 1st respondent to allot an agricultural land or Government employment to the member of the victim family vide letter Rc.No.70/SJ&HR/TRI/2015, dated 13.05.2015.''
7. In view of the above averments made in the counter-affidavit filed by the Deputy Superintendent of Police, Manapparai Sub Division, in Crl.O.P.(MD)No.15847 of 2015, this Court passed the following order on 19.01.2016 in this writ petition :
''The learned counsel for the petitioner has submitted that he filed Crl.OP(MD)No.15847 of 2015 for the same relief, and a counter affidavit is filed by the Deputy Superintendent of Police, Manapparai Sub-Division, stating that the Superintendent of Police, Tiruchirappalli District, recommended to the District Collector to provide employment to the petitioner as per the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. This Court dismissed the said Crl.OP(MD)No.15847 of 2015 on 14.12.2015 on the ground that such relief could not be granted under Section 482 of the Criminal Procedure Code and the matter was not decided on merits. Hence the petitioner has filed this writ petition.
2.The learned counsel for the petitioner has submitted that in view of the counter affidavit filed in Crl.OP(MD)No.15847 of 2015, the petitioner is entitled for a direction to the first respondent to provide employment based on the recommendations made by the second respondent herein.
3.The learned Government Advocate seeks time to get instructions. Post on 25.01.2016 before admission.''
8. When this writ petition is listed for hearing today, the learned Government Advocate produced the letter dated 27.01.2016 written by the third respondent in Na.Ka.No.70/SJ&HR/TRI/2016 addressed to the second respondent recommending to provide employment to the petitioner in terms of the SC/ST Rules. It is relevant to extract the letter of the third respondent dated 27.01.2016, which in fact supports the claim of the petitioner, as hereunder :
?td;bfhLik jLg;g[r; rl;lk; 1989 tpjpfs; 1995d; go gjpt[ bra;ag;gl;l kzg;ghiw fhty;epiya Fw;w vz; 342-2015?d; go gjpt[bra;ag;gl;Ls;s tHf;fpy; td;bfhLikahy; bfhiybra;ag;gl;l kzg;ghiw tl;lk;. fz;Qqilahdgl;o fpuhkk;. tpuhypkiy nuhL. 1-67. ghujpahu; efu; vd;w Kftupapy; trpj;JtUk; jhH;j;jg;gl;l rKjhaj;ijr; nru;e;j (,e;J giwau;) gHdpr;rhkp kfd; Kj;Jf;Fkhu; vd;gtUf;F murhiz vz;/192 Mjpjpuhtplu; kw;Wk; gH';Foapdu; eyj;Jiw ehs; 09/09/2014 d; go tUtha; <l;Lk; jhH;j;jg;gl;l rKjhaj;jpid nru;e;jtu; ,we;Jtpl;lhy; jPUjtpj; bjhif tH';Ftjw;fhd tiuKiwtpjp 12(4)d;go jPUjtpj;bjhifahf U:/7.50.000-? y; gpzgupnrhjidf;F gpd;du; 75#k; ePjpkd;w jPu;g;gpu;f;F gpd;du; 25#k; tH';fg;gl Mizaplg;gl;Ls;sjd; mog;gilapy; nkw;go tHf;fpy; ghjpf;fg;gl;Ls;s Kj;Jf;Fkhu; vd;gtupd; thupRjhuUk; je;ija[khd jp/r/gHdpr;rhkp vd;gtUf;F jPUjtpj;bjhifahf U:/5.62.500-? (Ie;J yl;rj;J mWgj;J ,uz;lhapuj;jp Ie;EhW kl;Lk;) fhnrhiy bgw;W khtl;;l Ml;rpau; K:yk; tH';fg;gl;Ls;sJ/ nkYk; nkw;go tHf;fpy; bfhiybra;ag;gl;l Kj;Jf;Fkhu; vd;gtupd; thupRjhuUk; je;ija[khd r/gHdpr;rhkp vd;gtupd; kfs; Rjh vd;gtu; 14/12/2015 md;W td;bfhLik jPUjtp mog;gilapy; ntiytha;g;g[ tH';f kD bra;Js;shu;/ me;j kDtpd; mog;gilapy; khtl;l Mjpjpuhtplu; kw;Wk; gH';Foapdu; ey mYtyf foj vz;/W9/29430/2015 ehs; 11/01/2015d;go rpghupR bra;J cjtp ,af;Feu;. khtl;l ntiytha;g;g[ mytyfj;jpw;F mDg;gg;gl;Ls;sjhf j';fspd; mYtyf fojj;jpd; thapyhf bjupatUfpwJ/ nkw;go kDjhuh; ,Jbjhlu;ghf W.P.(MD)No.23035-2015 ehs; 15/12/2015y; brd;id cau;ePjpkd;wk;. kJiufpisapy; jdJ gog;gpd; mog;gilapy; ntiyjUkhW tHf;F bjhlu;e;Js;shu;/ ,k;kD bjhlu;ghf muR tHf;fwp"u;. kDjhuh; nfhupaJ bjhlu;ghf ,Jehs;tiu vd;d eltof;if nkw;bfhs;sg;gl;Ls;sJ vd nfl;Ls;shu;/ vdnt kDjhuUf;F tpiue;J ntiytha;g;g[ tH';fpl Mtzbra;a[khWk; nkYk; brd;id cau;ePjpkd;wk;. Kjiufpisapy; ,t;tHf;fhdJ epYitapypUg;gjhy; cld; eltof;if nkw;bfhz;l tptuj;jpid ,t;tYtyfj;jpw;F bjuptpf;FkhW md;g[ld; nfl;Lf;bfhs;fpnwd;/?
9. In view of the aforesaid counter-affidavit and also the letter dated 27.01.2016 of the third respondent, I am of the view that the petitioner is entitled to get the relief of employment assistance, as mandated under the provisions of the SC/ST Rules.
10. It is also relevant to take note of Clause 21 of Annexure-I of SC/ST Rules that mandates to provide employment to a member of the family of the Scheduled Caste/Scheduled Tribe, who was brutally murdered, within a period of three months from the date of the brutal murder.
11. In this case, the murder took place on 26.04.2015. There is also recommendation made by the third respondent for providing employment to the petitioner, who is the sister of the deceased Scheduled Caste person.
Hence, I am inclined to issue a direction, as prayed for.
12. Accordingly, a direction is issued to the first and second respondents to provide employment assistance to the petitioner, who is the sister of the deceased Muthukumar, within a period of four weeks from the date of receipt of a copy of this order.
13. The writ petition is disposed of accordingly. No costs.
To
1. The Principal Secretary Home Department, Government of Tamil Nadu, Fort St.George, Chennai-9.
2. The District Collector and District Magistrate, Trichy District.
3. The Superintendent of Police, Trichy District..