Valaiyakka v. Anitha Agnihotri, The Secretary, Government of India, Ministry of Social Justice
2016-07-04
M.VENUGOPAL
body2016
DigiLaw.ai
ORDER : Earlier, on 19.06.2015, this Court, in W.P. (MD) No. 9989 of 2015, filed by the petitioner against the Secretary to the Government of India, Ministry of Social Justice, New Delhi and four others, had directed the First and Second Respondents to pass appropriate orders in tune with the judgment of the Honourable Supreme Court in Safai Karamchari Andolen & Others Vs. Union of India & Others, 2014 (3) CTC at page No.177, granting relief, on the basis of the representations of the petitioner, dated 19.09.2014 and 01.04.2015, within a period of 6 weeks from the date of receipt of a copy of that order. 2. It is brought to the notice of this Court on behalf of the petitioner that W.A. (MD) No. 550 of 2016 (filed against the order of the Learned Single Judge, dated 19.06.2015), filed by the first respondent/Government of Tamil Nadu, Municipal Administration and Water Supply Department, Chennai and two others (as appellants) was dismissed by this Court on 07.04.2016. In I.A. No. 9 of 2016 in Writ Petition (Civil) No.583 of 2003 between Safai Karamchari Andolen & Others Vs. Union of India & Others , a clarification petition was filed by the Government of India seeking clarification in regard to the order dated 27.03.2014 passed by the Honourable Supreme Court. 3. As a matter of fact, paragraph No.23 of the order of the Honourable Supreme Court reads as under:- “23. We have already noted various provisions of the 2013 Act and also in the light of various orders of this court, we issue the following directions: 23.3. 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. The purport and effect of the directions contained in paragraph 23.3 of the order dated 27.03.2014 is clear and would apply to all victims irrespective of the place of work.” 4. The Honourable Supreme Court had clearly observed that in view of the clear direction contained in paragraph No. 23.3 of the aforesaid order etc., I.A. No. 9 of 2016 in Writ Petition (Civil) No. 583 of 2003 shall stand accordingly answered and disposed of the application. 5. At this stage, Mr.
The Honourable Supreme Court had clearly observed that in view of the clear direction contained in paragraph No. 23.3 of the aforesaid order etc., I.A. No. 9 of 2016 in Writ Petition (Civil) No. 583 of 2003 shall stand accordingly answered and disposed of the application. 5. At this stage, Mr. K. Guru, the Learned Additional Government Pleader for the Second Respondent brings it to the notice of this Court that the Government in Letter No. 4644/MAII/2016-6, dated 30.06.2016, at paragraph No.4, after careful examination had accorded permission to pay the balance compensation amount of Rs.7,00,000/- to the petitioner (Valaiyakka, legal heir of the Septic Tank death victim) from the General funds of the Ramanathapuram Municipality. Therefore, it is represented on behalf of the Second Respondent that one week time may be granted. 6. Accordingly, one week time is granted to the Second Respondent to pay the balance sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the petitioner (since already Rs.3,00,000/- (Rupees Three Lakhs only) was paid to the petitioner). Accordingly, the Second Respondent is directed to comply with the order of paying/remitting the balance sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the petitioner within a week's time granted by this Court, of course from the date of receipt of copy of this order. If the Second Respondent fails to pay the aforesaid balance amount of Rs.7,00,000/- (Rupees Seven Lakhs only) to the petitioner within the time granted by this Court, then, it is open to the petitioner to file another fresh contempt petition. 7. In view of the foregoings, the contempt petition is closed.