1. Death of government sewer cleaners due to poisonous gas inhalation during duty — Claim for compensation and rehabilitation under Article 32 of the Constitution. (Para 1 , 2 )
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2025 Supreme(SC) 1488
SUPREME COURT OF INDIA
J.B. PARDIWALA AND R. MAHADEVAN, JJ.
Asha And Another – Appellant
Versus
The State Of Haryana And Another – Respondent
Writ Petition(Civil) No. 829 of 2024
Decided on : 03-01-2025
The Court directed the Government of NCT of Delhi and the Government of Haryana to decide representations for compensation and rehabilitation for deaths occurring during sewer cleaning, in accordance with the law and the dictum established in Balram Singh vs. Union of India & Ors.
Headnote:(A) Constitution of India - Article 32 - Compensation claims for deaths in duty - The husbands of the petitioners, serving as sewer cleaners, died due to inhaling poisonous gas while on duty; petitioners sought compensation based on prior judgments, specifically 'Balram Singh vs. Union of India & Ors.' (2023 SCC Online SC 1386) - The court directed the Governments to decide on the petitions for compensation within four weeks, considering applicable legal principles. (Paras 1-10)
(B) Jurisdiction of Supreme Court - The court exercised its powers under Article 32 to ensure appropriate compensation mechanisms were reviewed by the concerned authorities in a timely manner. (Paras 1-10)
Facts of the case:
The husbands of the petitioners died in 2021 and 2022 while working as sewer cleaners, prompting the petitioners to seek government compensation.
Findings of Court:
The court mandated the Governments to address the petitioners' compensation requests in accordance with precedents, signifying the duty of care owed to employees engaged in hazardous work.
Issues: The main issues involved the jurisdiction for compensation claims and the Governments' responsibilities in addressing workplace fatalities.
Ratio Decidendi: The court underscored the necessity for timely governmental responses to compensation claims, reinforcing the protective legal measures available to workers exposed to occupational hazards.
Result: The petition was disposed of with directions for action.
Legal Category Hierarchy
Table of Contents
2. Petitioners seek compensation, enhancement of existing compensation, and full rehabilitation including employment and education based on judicial precedents. (Para 3 )
3. The respective governments have not yet considered or decided upon the representations submitted by the petitioners regarding their compensation claims. (Para 4 , 5 , 6 )
4. Representations for compensation following death on duty must be decided by the government in accordance with law and established judicial dicta. (Para 7 )
5. Governments directed to decide representations within four weeks and inform petitioners, with liberty to approach the court if rejected. (Para 7 , 8 , 9 , 10 )
6. What is the procedure for seeking compensation for death on duty as a sewer cleaner?
Petitioners may submit representations to the concerned government authorities, which the government is then required to decide in accordance with the law and relevant judicial precedents. (Para 4 , 7 )
7. What happens if a government representation for compensation is rejected?
If the representations filed by the claimants are rejected by the government, the claimants retain the right to approach the court for further relief. (Para 8 )
8. What guidelines should governments follow when deciding compensation claims for sewer cleaner deaths?
Governments must decide such claims in accordance with the law and specifically keep in mind the dictum laid down by the Supreme Court in relevant precedents. (Para 7 )
ORDER :
1. The respective husbands of the two petitioners before us were serving as sewer cleaners with the Government of Delhi and the Government of Haryana respectively. Both died on account of inhaling poisonous gas while cleaning sewer/septic tanks. One died in the year 2021 and another died in 2022.
2. The petitioners have invoked the jurisdiction of this Court under Article 32 of the Constitution praying that both the Governments are liable to pay compensation for the death of their husbands while on duty.
3. In the petition, the petitioners have prayed for the following reliefs:-
"(a) Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the Respondent No.1 to provide compensation of Rs. 30 Lakhs to the Petitioner No.1 in terms Of the judgment passed by this Hon'ble Court in the case titled as "Balram Singh vs. Union of India & Ors., 2023 SCC Online SC 1386";
(b) Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the Respondent No.2 to enhance the compensation given to the Petitioner No.2 from Rs. 10 Lakhs to Rs. 30 lakhs and release the remaining amount of Rs. 20 Lakhs in terms of the judgment passed by this Hon'ble Court in the case titled as "Balram Singh vs. Union of India & Ors., 2023 SCC OnLine SC 1386"]
(c) Issue a Writ in the nature of Mandamus or any other appropriate writ, order, direction directing the concerned respondents to provide full rehabilitation including employment to the Petitioners, and education to their children, and skill training, in terms of the judgment passed by this Hon'ble Court in the case titled as "Balram Singh vs. Union of India & Ors., 2023 SCC OnLine SC 1386";
(d) Cost of the petition may also be awarded in favor of the Petitioners and against the Respondents;"
4. We take notice of the fact that the petitioner no.1 has preferred a representation addressed to the Chief Secretary, Government of Haryana dated 15.10.2024 praying for appropriate compensation. In the same manner the petitioner no.2 has also preferred a representation addressed to the Chief Secretary, Government of NCT of Delhi dated 15.10.2024. The two representations are annexed as annexures P-11 and P-13 respectively to this petition.
5. It appears that the respective Governments have yet to look into the representations and take an appropriate decision in the matter as regards the claim of the petitioners for compensation.
6. The petitioners also seek to rely upon a decision rendered by the High Court of Delhi in CONT.Case(C) 262/2024 and CM Appl.46288/2024 decided on 20th August, 2024. In the said order, we find reference of the decision of this Court in the case of Balram Balram Singh vs. Union of India & Ors.
7. We are of the view that we should direct the Government of NCT of Delhi and the Government of Haryana to look into the two representations filed by the petitioners herein and decide the same in accordance with law within a period of four weeks, keeping in mind the dictum as laid by this Court in Balram Singh vs. Union of India & Ors.
8. In the event, if the two representations filed by the petitioners are rejected, it shall be open for both the petitioners to come back to this Court.
9. We direct the two governments to decide the representations within the stipulated period of time and inform both the petitioners in writing about the outcome of their representations.
10. With the aforesaid, this petition stands disposed of.
11. Pending application(s), if any, stand disposed of.
