Dismissed

Abhishek Dutt and Anr. v. N.C.T. of Delhi and Ors.

Delhi HC10 Dec 2019W.P.(C)/5387/2018

Case brief

AI extract

What is this about?

The Delhi High Court dismissed a PIL regarding Safai Karamcharis. While rejecting the prayer for a Court Monitoring Committee, the Court directed respondents to provide adequate medical facilities, regular check-ups via a systematic policy, and a High-level Administrative Committee to address deaths and compensate families. The Court criticized the petitioners for bypassing internal municipal mech

What did the court decide?

Directive to provide adequate, systematic medical check-ups and constitute a High-level Administrative Committee; rejection of Court Monitoring Committee prayer.

Abhishek Dutt and Anr. Vs N.C.T. of Delhi and Ors. — Service and Employment | Delhi HC (2019)

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 10^th December, 2019

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- W.P.(C) 5387/2018

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ABHISHEK DUTT AND ANR. ..... Petitioners Through: Ms. Ashima Mandla, Ms. Mandakini Singh and Mr. Karan Nagrath, Advs.

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versus

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N.C.T. OF DELHI AND ORS. ..... Respondents Through: Mr. Sanjoy Ghose, ASC with Ms. Urvi Mohan, Adv. for GNCTD Mr. Ajjay Aroraa, Adv. with Mr.Kapil Dutta, Adv. for EDMC Mr. Sumeet Pushkarna, Adv. with Mr. Devanshu Lahiry, Adv. for DJB Mr. Anil Grover, SC with Ms. Noopur Singhal, Adv. for R-5/New DMC Mr. V. Madhukur, Adv. for SDMC Ms. Monika Arora, SC for North DMC with Mr. Harsh Ahuja and Mr.Kushal Kumar, Adv. for R-7

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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O R D E R

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% 10.12.2019

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D.N. PATEL, CHIEF JUSTICE (ORAL)

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This Public Interest Litigation has been preferred with the following prayers:

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“A. Issue writ of Mandamus or any other appropriate writ and direct the Respondents to provide for protective gear,

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WP (C) 5387/2018

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equipment as provided under The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013 and take further steps towards improving the working conditions of the Safai Karamcharis,

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B. Issue writ of Mandamus or any other appropriate writ and direct the Respondents to provide for regular medical check-ups of the Safai Karamcharis and issue cashless cards to the Safai Karamcharis at the earliest,

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C. Issue writ of Mandamus or any other appropriate writ and direct the Respondents to investigate the cause of deaths and place on record the data pertaining to injuries and diseases suffered by Safai Karamcharis in course of their duty,

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D. Issue writ of Mandamus or any other appropriate writ and direct the Respondent No.1 to set-up a court monitored committee to overlook the implementation of the aforesaid directions and report to this Hon'ble Court every 3 months, and E. Pass any other appropriate order, guidelines, directions or relief which this Hon'ble Court may deem fit in the facts and circumstances of the case.”

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Having heard the learned counsel for both the sides at length and looking to the facts & circumstances of the case, it appears that the following four issues have been raised by the petitioner in this writ petition:

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(i) issue about providing protective gear and equipment as provided under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013,

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(ii) issue about cashless medical check-up facilities for Safai Karamcharis,

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WP (C) 5387/2018

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(iii) issue about placing on record the data pertaining to cause of death, injuries and diseases suffered by Safai Karamcharis during the course of their duties, and

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(iv) issue about formation of Court Monitoring Committee to overlook the implementation of the directions.

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The aforesaid issues of the matter have been highlighted in the light of difficulties being faced by safai karamcharis of the respondents.

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Learned counsel for the petitioner submitted that during the period from 2012 to 2017, 877 deaths of safai karamcharis have taken place in the area of South Delhi Municipal Corporation (SDMC) alone.

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Learned counsel for the North Delhi Municipal Corporation (NDMC) submitted that a detailed status report, dated 23^rd February, 2019, has been filed in response to this writ petition.

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We have perused the said status report of NDMC. Paras 4 and 5 of the said report read as under:

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“ 4. That it is humbly submitted that Safai Karamcharis are deployed for sweeping of area falling under jurisdiction of NDMC. In addition to this, they are entrusted with task of desilting of drains having depth or width less than 4 feet for roads with Right of Way 60 feet and less. Street Sweeping and removal of silt is carried out by using equipments such as Broom, Drains-Phawari, Panji, Kolchi, etc. The street sweeps and silt taken out from drains are collected through Wheel Barrows, Cycle Rickshaws & Auto Tippers and the same is

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WP (C) 5387/2018

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transported to Dhalao i.e. secondary waste storage depot. As per Manual Scavenging Act, 2013, no Safai Karamchari qualify as Manual Scavenger.

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5. That it is also submitted that adequate safety gears are provided to Safai Karamcharies deployed for this purpose. These includes Hand Gloves, Face Masks, Rain Coats, Gum Boots and Helmets etc.”

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In view of the aforesaid steps taken by the NDMC, it appears that they have been providing enough safety gears to safai karamcharies, and they are ready to provide more, if the managing body of NDMC so prescribes in future. The steps to be taken for ensuring safety of safai karamcharies is a continuous process. Otherwise, as stated hereinabove, in paras 4 and 5, NDMC is already providing hand gloves, face masks, rain coats, gum boots and helmets etc.

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So far as the regular medical check-up is concerned, paras 8 and 9 of the counter affidavit filed by EDMC dated 22^nd February, 2019 read as under:

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“8. That East Delhi Municipal Corporation regularly organizes Health Camps on every second Saturday of the month in both the zones for Safai Karamcharies and their family members. Till date 11691 Safai Karamcharies and their family members have been examined for routine health checkups. The patients requiring follow up for chronic diseases such as Diabetes and Hypertension and those requiring specialist care for ENT and Ophthalmological problems are referred to SDN

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WP (C) 5387/2018

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Hospital of East Delhi Municipal Corporation for further evaluation and management.

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9. That all Safai Karamcharies are provided Medical facilities free of cost in Hospitals of East Delhi Municipal Corporation. Furthermore, Safai Karamcharies are also extended the benefit of Medical facilities such as "Medical Facility to Municipal Pensioners & Family Pensioners" Health Scheme as per the policy issued vide no. Addl. MHO (M)/2007/1352 dated 14.08.2007. The copy of circular is annexed herewith as “Annexure-B”.

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In view of the aforesaid aspect of the matter, the EDMC is already organizing regular medical check-up for safai karamcharies on every second Saturday of the month. Also, so far as chronic diseases like, diabetes, hypertension, ENT and Ophthalmological problems, etc. are concerned, the safai karamcharies can avail the medical facilities anytime at EDMC hospital i.e., “Swami Dayanand Hospital”.

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The aforesaid status report also reveals that the EDMC has also extended the benefit of medical facilities to safai karamcharies under the “Medical Facility to Municipal Pensioners & Family Pensioners” Health Scheme . The policy so floated by the EDMC is annexed as Annexure-B to the status report filed by it.

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So far as the facility of cashless medical check-up is concerned, it is a policy decision to be taken by the concerned respondent authorities.

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WP (C) 5387/2018

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Facility of cashless medical checkup has both pros and cons. When public authority is utilizing the public money, the aspect of possible misuse of such type of facilities must be considered by the same and only thereafter such facilities should be extended to their employees.

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There is no fixed rule that the medical facilities ought to be provided by the respondents through cashless mechanism. The respondents can even consider to introduce safer policy decision, like reimbursement etc. It all depends upon the availability of finance with the respondents, and safety measures taken for possible misuse of the cashless benefits.

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It will be a permutation and combination of all such types of factors which will be kept in mind by the respondents before providing cashless facilities.

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So far as inquiry into cause of death is concerned, para 7 of the inquiry report dated 22^nd July, 2019, filed by EDMC, reads as under:

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“7. That the data pertaining to Institutional deaths was analyzed for various causes of death and it was found that in majority of the cases, the cause of death was related to cardiovascular diseases such as Hypertensive heart disease, Myocardial infarction Ischemic heart disease etc. followed by infection, cancers etc.”

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It is further submitted by learned counsel for Respondent No. 7 that they shall scrupulously follow the inquiry report and the suggestions made in the said inquiry report, in accordance with law.

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WP (C) 5387/2018

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Thus, in view of the aforesaid facts of the case and looking to the steps already taken by the respondents, we see no reason to further monitor this case. Nonetheless, we hereby direct the respondents that they shall provide enough and adequate medical facilities and medical check-ups to safai karamcharies at regular intervals.

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This type of facility should be provided in a systematic manner with a detailed comprehensive policy.

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Moreover, we also direct the respondents to constitute a High-level Administrative Committee so that proper discussions and deliberations can take place regarding the deaths of safai karamcharies and the immediate action may be taken as per decision of the Committee.

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If the death of any safai karamchary takes place while performing his/her duty, the family of the deceased karamcharies is bound to be compensated in accordance with act, law, rules, regulations and Government policy.

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So far as prayer about the Court Monitoring Committee is concerned, we are not inclined to accept this prayer at all. The respondents are already having enough high-ranking administrative officers to ensure the implementation of the aforesaid directions.

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In view of the aforesaid steps having been already taken by the respondents, and the fact that they are continuously providing the medical facilities to their safai karamcharies, and also regular medical-checkups are

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being conducted, we see no reason to give any further directions to the respondents.

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Moreover, these petitioners are municipal counsellors of SDMC and should have dealt with all the issues with the concerned Municipal Corporation as per inbuilt mechanism with the concerned corporation.

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Looking to the aforesaid aspects of the matter, we see no reason to further monitor this case and this writ petition is accordingly dismissed, with the aforesaid observations and directions upon the respondents.

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CHIEF JUSTICE

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C.HARI SHANKAR, J. DECEMBER 10, 2019 dsn

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WP (C) 5387/2018

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Abhishek Dutt and Anr. v. N.C.T. of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Abhishek Dutt and Anr. v. N.C.T. of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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