P.Ganga vs The Chief Secretary
2023 Latest Caselaw 1592 Tel

         THE HON'BLE SRI JUSTICE E. V. VENUGOPAL

     WRIT PETITION Nos.34636, 34639 and 34641 of 2018

COMMON ORDER:

      The Writ Petition No.34636 of 2018 is filed under Article

226 of Constitution of India for the following relief/s:-

      ''... to issue a Writ or Order or Direction more particularly
      one in the nature of Writ of Mandamus declaring the
      action of the respondents in not considering the

representation of the petitioners dated 29.08.2018 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents

i. to consider the regularize of employment of the 2nd petitioner with the Hyderabad Metropolitan Water Works & Sewerage Board.

ii. to consider to allot Double bed room house as promised by the State.

iii. to consider to pay compensation of Rs.10.00 lakhs, compensation as per the Judgment of the Hon'ble Supreme Court in W.P. (Civil) No.583 of 2003 and pass such other order or orders..."

2. The Writ Petition No.34639 of 2018 is filed under Article

226 of Constitution of India for the following relief/s:-

''... to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioners dated 29.08.2018 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents

i. to consider the regularize of employment of the 1st petitioner with the Hyderabad Metropolitan Water Works & Sewerage Board.

ii. to consider to allot Double bed room house as promised by the State.

iii. to consider to pay compensation of Rs.10.00 lakhs, compensation as per the Judgment of the Hon'ble Supreme Court in W.P. (Civil) No.583 of 2003 and pass such other order or orders..."

3. The Writ Petition No.34641 of 2018 is filed under Article

226 of Constitution of India for the following relief/s:-

''... to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioners dated 29.08.2018 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents

i. to consider the regularize of employment of the 1st petitioner with the Hyderabad Metropolitan Water Works & Sewerage Board.

ii. to consider to allot Double bed room house as promised by the State.

iii. to consider to pay compensation of Rs.10.00 lakhs, compensation as per the Judgment of the Hon'ble Supreme Court in W.P. (Civil) No.583 of 2003 and pass such other order or orders..."

4. Since, all the three writ petitions are arising out of same

subject matter, they are disposed of by way of common order.

5. Heard Ms. A. Sathya Sri, learned counsel representing

Mr. Y. Koteswara Rao, learned counsel for the petitioners and

Mr. G. Narender Reddy, learned Standing Counsel appearing

for Hyderabad Metropolitan Water Works & Sewerage Board

and Ms. Jyosthna Devi, learned Assistant Government

Pleader representing learned Government Pleader for

Services-III appearing for the respondents in respective writ

petitions.

6. The deceased husband of the 1st petitioner in all the writ

petitions were daily labourers and they used to attend manual

scavenging works. They were entrusted with the said work by

one G.S.K. Infra Contractor to clear the man hole near 100

feet, Ayyappa Society, Madhapur, Hyderabad on 13.08.2016

in the evening. While so, the husbands of the 1st petitioners

along with two others fell into the man hole and died due to

the emission of toxic gases. Crime Nos.453 and 454 of 2016

were registered by the Station House Officer, Madhapur Police

Station on 13.08.2016 against the Contractor. The 4th

respondent-District Collector paid an amount of Rs.50,000/-

under Aapadh Bandu Scheme and the 2nd respondent-

Managing Director paid an amount of Rs.2,50,000/- as ex-

gratia. The petitioners made representations to the

respondents for compensation and other benefits. It is

submitted that the petitioners lost the bread winners in their

families and they are put to severe financial loss and

hardship.

7. Learned counsel for the petitioners submitted that this

Court by order dated 21.02.2022 in W.P.(PIL) No.178 of 2021

re-iterated the decision of the Hon'ble Supreme Court in

"Safai Karamchari Andolan V. Union of India1" in W.P.

(Civil) No.583 of 2003 wherein it was directed that a sum of

Rs.10,00,000/- (Rupees ten lakhs only) has to be paid to the

family members of the deceased scavengers. Since, the

respondents failed to pay the said amount, the present writ

petitions are filed.

8. Counter affidavits are filed by respondent Nos.1, 2, 3

and 5 stating that the General Manager (Engg), Project

Dn.VIII, Hyderabad Metropolitan Water Works & Sewerage

Board (for short, ''HMWS & SB'') reported that while breaking

the brick wall constructed inside the manhole at Ayyappa

Society, Madhapur, Hyderabad on 13.08.2016, four (4)

individuals namely Sri P. Satyanarayana, Sri O. Nagesh, Sri

P. Srinivas and Sri N. Gangadhar were dead. Immediately, the

Board has overseen rescue operations along with the police

and public representatives. It is further submitted that in

order to provide maximum compensation to the petitioners,

1 (2014) 11 SCC 224

the Board has examined the entire matter as per the

directions of the Hon'ble Supreme Court in W.P. (Civil) No.

583 of 2003 in Safai Karamchari Andolan case (1 supra)

and an amount of Rupees ten lakhs was paid as

compensation to the legal heirs of the deceased individuals.

The legal heirs of the deceased individuals were employed in

the Office of the HMWS & SB on out sourcing basis vide

proceedings dated 17.09.2016 and 27.02.2017.

9. Reply affidavits filed by the petitioners re-iterating the

averments made in the writ petitions.

10. Learned Assistant Government Pleader submitted that

the 2nd respondent has already paid an amount of

Rs.10,00,000/- by way of three installments i.e.,

Rs.3,00,000/- each in cash paid by M/s. GSK-VISHWA (JV),

Rs.2,50,000/- is paid by HMWS & SB by way of cheque

drawn on ICICI Bank, Khairtabad and Rs.4,50,000/- is paid

by HMWS & SB through cheque drawn on Axis Bank,

Hyderabad to each of the 1st petitioner in all the three writ

petitions. Therefore, there is no amount due to be paid to the

petitioners. Hence, prayed to dismiss the writ petitions.

11. It is an admitted fact that respondent No.2 vide D.O.

letter No.MD/B4/2016/3124/1398, dated 27.02.2017

requested the Collector and District Magistrate, Hyderabad

District to examine and consider the demands of providing

double bedroom house and compensation of Rs.10,00,000/-

to the legal heirs of deceased individuals as per the advice of

the National Commission for Schedule Castes, GOI and as per

the directions of the Hon'ble Supreme Court in W.P.(CW)

No.583 of 2003. Even after the said resolution, an amount of

Rs.7,00,000/- is only paid to the writ petitioners by

respondent Nos.2 to 5 which is irrational. It is the

responsibility of the Contractor to pay compensation to the

deceased employees who died during the course of

employment and accordingly, the Contractor has paid an

amount of Rs.3,00,000/- each to the legal heirs of the

deceased employees which is justifiable. Therefore, the

compensation paid by the Contractor cannot be inclusive of

the amount directed to be paid by the respondents.

12. Having regard to the submissions made by both the

learned counsel, in view of the order dated 21.02.2022 passed

by this Court in W.P.(PIL)No.178 of 2021 and upon

considering the fact that the respondent Nos.2 to 5 shall pay

an amount of Rupees ten lakhs as ex-gratia to the legal heirs

of the deceased employee-1st petitioner in all the writ

petitions, accounting the amount paid by the Contractor to

the credit of respondent Nos.2 to 5 is not justifiable. Hence, it

is the duty of the respondent Nos.2 to 5 to pay an ex-gratia of

Rs.10,00,000/- as per the directions of the Hon'ble Apex

Court. Therefore, this Court is inclined to direct the

respondent Nos.2 and 5 to pay a further amount of

Rs.3,00,000/- each to the credit of the legal heirs of the 1st

petitioner in all the three writ petitions within a period of four

(4) weeks from the date of receipt of a copy of this order. The

respondents are further directed to consider to regularize the

services of the legal heirs of the deceased employees in

accordance with G.O.Ms.No.64 dated 29.03.2022.

13. With the above direction, the writ petitions are partly

allowed. No costs. Miscellaneous Petitions, pending if any,

shall stand closed.

____________________________ JUSTICE E. V. VENUGOPAL 12.04.2023 ESP

THE HON'BLE SRI JUSTICE E. V. VENUGOPAL

W.P.Nos.34636, 34639 and 34641 of 2018

Dated:12.04.2023

ESP