THE SECRETARY TO THE GOVERNMENT OF TAMIL NADU MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPARTMENT Vs. VALAIYAKKA

JUDGEMENT

(1.) Challenge in this appeal, is to an order made in W.P(MD)No.9989 of 2015 dated 19.06.2015. Placing reliance on a decision of the Hon'ble Supreme Court in Safai Karamchari Andolen and others vs. Union of India and others, reported in 2014 (3) CTC 177, the Writ Court has directed the Secretary to the Government of India, Ministry of Social Justice, New Delhi, and Secretary to the Government of Tamil Nadu, Municipal Administration & Water Supply Department, Chennai, respondents 1 and 2 therein, to pass appropriate orders, on the basis of the representations of the petitioner dated 19.09.2014 and 01.04.2015 respectively, within a period of six weeks from the date of receipt of the order made in the aforesaid writ petition.

(2.) Facts leading to the appeal are that son of the 1st respondent herein/writ petitioner, Arumugam, engaged as a Scavenger, died due to asphyxia on 13.10.2004, while he was cleaning a tank in the house of one Sethu at Pulikara Street, Ramnad Town. The Inspector of Police, Kenikarai Police Station, has registered a case, under Section 174 of Cr.P.C. in Crime No.529 of 2014, on the same day. At that time, his wife was pregnant. She gave birth to a female child on 09.01.2005. The 1st respondent/writ petitioner has further contended that after the death of her son, daughter -in -law, remarried and left the matrimonial home. Mother made a representation dated 19.09.2014, to the Hon'ble Chief Minister's Special Cell, State of Tamil Nadu, and the Chief Secretary to the Government, Chennai, to pay compensation of Rs.10,00,000/ -, in terms of the judgment of the Hon'ble Supreme Court in Safai Karamchari Andolen and others vs. Union of India and others, reported in 2014 (3) CTC 177. Further representation, dated 01.04.2015, was also made to the Secretary to the Government, Municipal Administration and Water Supply Department, Chennai, and others. As there was no response, she has filed W.P(MD)No.9989 of 2015, for a Writ of Mandamus, directing the respondents therein, to pay a sum of Rs.10,00,000/ - to her, by way of compensation, in the light of the directions issued by the Hon'ble Supreme Court in Safai Karamchari Andolen and others vs. Union of India and others, reported in 2014 (3) CTC 177, within a time frame.

(3.) Adverting to the averments made in the supporting affidavit, the Writ Court, vide order, dated 19.06.2015 in W.P(MD)No.9989 of 2015, at paragraphs 7 and 8, ordered as hereunder: -