Madras High Court
N.Kumari vs Government Of Tamil Nadu on 21 October, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.11056 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No. 11056 of 2021
N.Kumari ... Petitioner
Vs.
1.Government of Tamil Nadu,
Represented by the Chief Secretary,
Secretariat, Forst St.George,
Chennai - 600009.
2.The Principal Secretary to Government,
Municipal Administration and Water Supply Department,
Secretariat, Fort St.George, Chennai - 600009.
3.The District Collector,
Office of the District Collector,
Chengleput District, Chengleput.
4.Rajesh Kanna Construction,
Rep. by Ramamoorthy,
having Office No.142, Annai Indra Nagar,
New Colony 14th Cross Street,
Chrompet, Chennai - 600 044. ... Respondents
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W.P.No.11056 of 2021
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to pay
enhanced compensation of Rs.50,00,000/- (Rupees Fifty lakhs) towards the
death of petitioner's son caused due to doing manual scavenging work in the
under ground drainage system situated MK Nagar Main Road, Eswari
Nagar Junction being the tortious act, for which the respondents are
vicariously liable.
For Petitioner : Mr.K.Venkateswaran
For Respondents : Mr.V.Manoharan
Additional Govt. Pleader for R1 to R3
Mr.P.Srinivas, Senior Counsel for R4
*******
ORDER
This Writ Petition has been filed for a direction, directing the respondents to pay enhanced compensation of Rs.50,00,000/- for the death of petitioner's son caused due to release of poisonous gas while doing manual scavenging work in the under ground drainage system situate at MK Nagar Main Road, Eswari Nagar Junction, Pallavaram, Chennai.
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2. The petitioner's son, N.Iraiappan was working under the 5th respondent as a labour. The 5th respondent is a contractor registered with the 4th respondent. The 5th respondent was allotted the contract in respect of removal of blockage and cleaning of sewage in the drainage by the 4th respondent. While being so, on 22.06.2018, the 5th respondent engaged its labours including the petitioner's son, without providing any safety measures as well as the safety equipments and directed to clean the drainage and sewage line by manually. In fact, the petitioner's son was forced to do the cleaning work of underground sewage and drainage line. Therefore, the petitioner's son went into the under ground drainage and immediately, he got fainted due to leakage of poisonous gas and he died on the spot.
3. On the complaint, First Information Report has been registered as against the 5th respondent in Crime No.443 of 2018 dated 22.06.2018 for the offences punishable under Section 304(ii) of IPC. After registration of First Information Report, the petitioner's husband was paid with a compensation to the tune of Rs.10,00,000/- by the 3rd respondent as per the directions of the Hon'ble Supreme Court. However, it is not sufficient and as such, the petitioner submitted representation before the 4th respondent for 3/13 https://www.mhc.tn.gov.in/judis W.P.No.11056 of 2021 enhancement of compensation. It was not considered and as such, the petitioner is before this Court.
4. On perusal of the counter affidavit and on the submission made by Mr.P.Srinivas, learned Senior Counsel appearing on behalf of the 4th respondent reveals that the 5th respondent was awarded with contract for operation and maintenance of sewage pumping station and cleaning of sewerage system at Pallavaram Municipal area for one year as per the order dated 01.02.2017. As per the contract, the 5th respondent was properly instructed as per the guidelines to ensure the safety of the workers carrying out the works in the drainage and sewage line. However, without any safety measures, the petitioner's son was engaged to clean the under ground drainage and sewage line. Unfortunately, due to leakage of poisonous gas from the under ground drainage, the petitioner's son died.
5. The specific stand of the 4th respondent is that the work was already entrusted with the 5th respondent and as such it is not liable to pay any compensation. In fact, a sum of Rs.10,00,000/- was already paid as compensation as directed by the Hon'ble Supreme Court. Pending the Writ 4/13 https://www.mhc.tn.gov.in/judis W.P.No.11056 of 2021 Petition, so many writ petitions were filed under Public Interest Litigation.
The Hon'ble First Bench of this Court by order dated 29.04.2024 in Safai Karmachari Andolan Vs. Union of India reported in 2024 SCC Online Mad 1045 had issued directions in respect of the person who had died or injured while engaging or employing for manual scavenging. The said directions reads as follows:-
"35. In view of the above, we are not inclined to dispose of these matters. We are issuing the following guidelines for the respondent authorities to consider and comply appropriately:
(i) Take stringent action against those engaging or employing persons for manual scavenging.
(ii) Provide protective and safety equipments, in accordance with the Act, in case of using the manual scavengers for sanitary works.
(iii) Ensure the clearing of sewer, septic tank, storm water drains etc. is completely mechanized.
(iv) Ensure the strict implementation and compliance of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
(v) Sensitize sanitary workers and manual scavengers on the perils of manual scavenging.
(vi) Sensitize sanitary workers and manual scavengers about the prohibition, legislative provisions and various schemes/initiates available for their rehabilitation and skill development for alternative employment.5/13
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(vii) The compensation for the death fixed at Rs. 30 lakh under G.O.Ms. No. 5, Municipal Administration and Water Supply Department, dated 23.1.2024 may be increased once in three years.
(viii) The compensation for the persons, who died pending the present public interest litigation i.e. from the year 2017 may be enhanced from Rs. 10 lakh to Rs. 20 lakh depending upon the injury and the same to be paid to the legal heirs of the person, who died as per the list provided in the affidavit filed in support of W.M.P. No. 6849 of 2021.
(ix) The compensation to the injury suffered by the person is fixed at Rs. 10 lakh in G.O.Ms. No. 5, Municipal Administration and Water Supply Department, dated 23.1.2024 (or) Rs. 20 lakh in the case of permanent disability.
(x) The above payment of injury compensation shall be paid to the persons, who suffered injuries/scavenging related ailments disabilities pending the present public interest litigation.
(xi) The State Government is directed to frame a scheme for offering compassionate appointment to one member of the family of the deceased scavenger and the same is applicable only from the year 2017 when the present public interest litigation is filed.
(xii) The manual scavenging must be fully eradicated at least in a phased manner may be by the year 2026.
(xiii) In order to rehabilitate, the manual scavengers must be provided employment in the Group-IV posts according to their qualification by the Government.
(xiv) The authorities may verify the list of manual scavengers provided by the petitioners and issue identification cards, as permissible under the relevant statute.
(xv) More deterrent action in respect of cases of manual scavenging should be taken:
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(a) Filing FIRs only against the contractors is not sufficient.
The FIR should be lodged against the head of the local body in question may be the Panchayat, Municipalty, Municipal Corporation etc.
(b) Currently, FIRs are being filed only in cases of deaths. That too, it is done by identifying a convenient scapegoat, typically a lowly employee of the contractor. The heads of the local bodies get away scot-free. There is no disincentive for such persons.
(c) In the event any death or disability occurs in the course of manual scavenging, in deserving cases, the FIR must be lodged against the following persons : Commissioner-Death within a City Municipal Corporation. (In cases arising in Chennai, the Senior Officers of the Chennai Metropolitan Water Supply and Sewerage Board must also be arrayed as accused) Municipal Commissioner - Death within a Municipality. Commissioner of Panchayat Union - Death within a Panchayat.
The status report to be filed in relation to all the FIRs said to have been lodged.
(xvi) The manual scavengers should be given free health check ups in the Primary Health Centres (PHC's) or in the Government Hospital (GH) at the District Head Quarters or at the Revenue Divisional levels.
(xvii) The adequacy of equipment for clearing of sewers must be ensured by the State Government. To be placed before a Committee having expertise in urban planning so that a scientific ratio of equipments required per kilometre of sewer can be arrived/determined.
(xviii) Septic tanks:
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(i) Provisions of Combined Building and Development Rules to provide for septic tanks, both future and legacy septic tanks.
(ii) Every local body must have a dedicated officer to attend to septic tank cleaning.
(iii) All septic tank cleaning must be only through the local body.
(iv) All septic tanks must be cleaned once every year and the local body must maintain a record and find household and premises that do not empty every year. (xix) Educational facilities and scholarships:
(i) The scheme, if any, must be widely published so that families of manual scavengers will come forward to claim the benefits.
(ii) The details of the scheme may be provided so that the petitioner can respond on the adequacy of coverage.
6. Thus, it is clear that as per G.O.Ms.No.5, Municipal Administration and Water Supply Department dated 23.01.2024, the petitioner is entitled for a compensation of Rs.20,00,000/-. After directing a sum of Rs.10,00,000/-, the 4th respondent shall have to compensate the petitioner on payment of remaining Rs.10,00,000/-. The petitioner also submitted application for compassionate appointment. However, now she is aged about 52 years and her husband also aged more than the petitioner. Except the deceased son, no other issues to the petitioner. Therefore, appointment 8/13 https://www.mhc.tn.gov.in/judis W.P.No.11056 of 2021 on compassionate ground would not arise.
7. In so far as the criminal case is concerned, the First Information Report has been registered only as against the 5th respondent in Crime No.443 of 2018 dated 22.06.2018 for the offence punishable under Section 304(ii) of IPC on the file of the Inspector of Police, Pallavaram Police Station, St.Thomas Mount, Chennai. As directed by the Hon'ble Division Bench of this Court, the First Information Report shall have to be registered as against the Head of the legal body in question may be, Panchayat, Municipality, Municipal Corporation etc. It is submitted that investigation did not complete and no charge sheet has been filed so far.
8. In view of the above, the 4th respondent is directed to pay a further sum of Rs.10,00,000/- as compensation as per G.O.Ms.No.5, Municipal Administration and Water Supply Department dated 23.01.2024 and as directed by the Hon'ble Division Bench of this Court in Safai Karamchari Andolan Vs. Union of India reported in 2024 SCC Online Mad 1045 9/13 https://www.mhc.tn.gov.in/judis W.P.No.11056 of 2021 within a period of two weeks from the date of receipt of a copy of this order in favour of the petitioner. The Inspector of Police, Pallavaram Police Station, St.Thomas Mount is directed to implead the concerned Officer of the 4th respondent Corporation as an accused and complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order.
9. With the above directions, this Writ Petition is allowed. No costs.
21.10.2024 kkn Internet : Yes/No Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No 10/13 https://www.mhc.tn.gov.in/judis W.P.No.11056 of 2021 To
1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Forst St.George, Chennai - 600009.
2.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600009.
3.The District Collector, Office of the District Collector, Chengleput District, Chengleput.
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