MAHALAKSHMI W/O THEKKAMALAI Vs. THE STATE OF TAMIL NADU REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION

JUDGEMENT

(1.) The writ petitioner, MRs. Mahalakshmi seeks issuance of a mandamus, directing the Principal Secretary to Government, Higher Education Department, the first respondent herein and the Vice Chancellor of Anna University, Guindy, Chennai, the second respondent herein to conduct an enquiry and take action against Tmt. Chithiraiselvi, serving as Principal of Anna University College of Engineering, Dindigul, the sixth respondent herein with a consequential direction to the respondents 1 and 2 to regularize the services of the petitioner and her husband in Anna University College of Engineering, Dindigul with all service benefits.

(2.) Learned counsel for the petitioner submitted that the petitioner and her husband were appointed as Scavengers in the Anna University College of Engineering at Dindigul, the fifth respondent herein from the month of April, 2013 on a monthly salary of Rs. 4,500/-, whereas from July, 2016, they were paid with only Rs. 251/- as daily wages through the Bank of Baroda account. Except one Scavenger, all the 14 Scavengers working in the fifth respondent college belong to Hindu Scheduled Caste Arunthathiyar community. While so, Tmt. Chithiraiselvi, the sixth respondent joined as Principal of the college two years prior to the appointment of the petitioner. However, the petitioner was compelled to come to her house to do domestic works. Moreover, the sixth respondent compelled the petitioner to clean the toilets in her house and wash the dresses and even the inner dresses of her husband and children. When the petitioner and her husband are doing cleaning work in the college, the sixth respondent did not give any safety equipments to the Scavengers and they were compelled to clean the drainages and toilets without following the mandatory requirements under the provisions of the Prohibition of Employment as Manual Scavengers and Rehabilitation Act, 2013. The sixth respondent also compelled the petitioner to stay in her house during night time. Since the petitioner refused to stay in her house, she was scolded by the sixth respondent using her caste name and finally directed the petitioner and her husband not to come for work. Thereafter, on 13.7.2017, the petitioner narrated the said facts and submitted a representation before the District Collector, Dindigul, marking a copy to the Vice Chancellor of Anna University, Chennai, the second respondent herein and other officials. Thereafter, on receipt of the apology letter from the other coscavengers, the sixth respondent permitted them, except the petitioner and her husband, to do the work in the college. Again the petitioner, narrating the above facts, sent a representation on 19.7.2017 to the District Collector, Dindigul as well as to the State Human Rights Commission, and to the Deputy Inspector General of Police, Dindigul Range and other higher officials to take action in accordance with law.

(3.) Learned counsel for the petitioner further submitted that instead of taking action on the basis of the petitioner's complaint, even the Superintendent of Police, Dindigul, the fourth respondent herein started harassing the petitioner and her husband and threatened them to withdraw the complaint. Since the petitioner and her husband are innocents and victims in the hands of the sixth respondent, the respondents 1 to 4 failed to do justice to them. Therefore, the petitioner was advised to approach this Court for the relief of a mandamus, directing the respondents 1 and 2 to conduct enquiry against the sixth respondent with a consequential prayer to the respondents 1 and 2 to regularize the services of the petitioner and her husband in the fifth respondent college.