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2006 DIGILAW 3314 (MAD)

G. R. Basavarajan v. The Government of Tamil Nadu rep. by the Secretary & Others

2006-12-01

M.JAICHANDREN

body2006
Judgment :- (Writ Petition filed under Article 226 of the Constitution of India as stated therein.) The writ petition has been filed for the issuance of a writ of certiorarified mandamus to call for the records pertaining to the proceedings of the first respondent in G.O.Ms.No.231, Tamil Development and Culture Department, dated 17.11.2003, quash the same as illegal, arbitrary and discriminatory and to direct the respondents to sanction the monthly pension as prescribed for the Tamil Mozhipor Thiagis under the Tamil Nadu Payment of Pensions to Tamil Scholars and Miscellaneous Provisions Act, 1983, (Tamil Nadu Act XXIII of 1983) with retrospective effect from 1984 onwards, along with all the prescribed benefits and facilities as provided under the said Act. The brief facts of the case, as stated by the petitioner, are as follows: 2. The petitioner had been imprisoned in the Central Jail, Chennai for a period of elevan days from 16.10.1956 to 26.10.1956 in the struggle for the transfer of Tamil border region to Tamil Nadu. This has been seen from the certificate, dated 8.12.1994, issued by the Superintendent, Central Jail, Chennai, and also from the certificate issued by M.P. Sivagnanam, on 6.7.1992. 3. The petitioner had stated that he is entitled to get the Tamil Mozhipor Thiagis' pension. Therefore, he had applied to the Government of Tamil Nadu for sanction of the said pension, on 10.7.1992. He had also submitted the relevant documents. The petitioner had given a fresh representation addressed to the second respondent, on 7.10.1996. Since no action had been taken by the Government of Tamil Nadu, he had filed a writ petition in W.P.No.15167 of 2000 before this Court for a writ of mandamus to direct the respondents for sanction of the pension intended to Mozhipor Thiagis and to pay the arrears of pension under the Tamil Nadu Payment of Pensions to Tamil Nadu Scholars and Miscellaneous Provisions Act, 1983. By an order, dated 7.9.2000, this Court had disposed of the writ petition by directing the respondents to pass appropriate orders on the petitioner's application, dated 7.10.1996. By a letter, dated 3.8.2001, the petitioner had been informed that since the High Power Committee had given the opinion that only persons, who had served imprisonment for more than fourteen days, were entitled to sanction of the pension. By a letter, dated 3.8.2001, the petitioner had been informed that since the High Power Committee had given the opinion that only persons, who had served imprisonment for more than fourteen days, were entitled to sanction of the pension. Therefore, the petitioner had filed a writ petition before this Court in W.P.No.22012 of 2001 to quash the order, dated 3.8.2001 and to direct the respondents to sanction the Mozhipor Thiagi's pension to the petitioner. Thereafter, the petitioner had given an application, on 15.5.2002, to the respondents 1 and 2 as well as to the District Collector, Tiruvallur District for sanction of the pension as per the orders of this Court. 4. The petitioner had also submitted another representation to the first respondent, on 10.6.2002. After the necessary enquiries were conducted by the District Collector of Tiruvallur District, recommendation had been made for the grant of pension. The first respondent had passed an order, according to G.O.Ms.No.231, Tamil Development and Culture Department, dated 17.11.2003, sanctioning a consolidated amount of Rs.10,000/- under the provisions of the Tamil Nadu Payment of Pensions to Tamil Scholars and the Miscellaneous Provisions Act, 1983. Therefore, the petitioner had filed a review application, dated 4.2.2004, to the second respondent to review the matter and to pass appropriate orders for sanctioning monthly pension to the petitioner, as provided under the Act. Since no orders have been passed so far in the review application, the petitioner has filed the present writ petition to quash the order of the first respondent in G.O.Ms.No.231, Tamil Development and Culture Department, dated 17.11.2003. 5. Heard the learned counsel appearing on behalf of the petitioner as well for the respondents. 6. At the stage of the hearing of the matter, it has been submitted by the counsels appearing on either side that an order has been passed by this Court in a batch of writ petitions, on 21.4.2006 and it has been prayed that a similar order could be passed by this Court as well. 7. Therefore, on such submission being made, the order passed by the first respondent in G.O.Ms.No.231, Tamil Development and Culture Department, dated 17.11.2003, is quashed and consequently, the respondents are directed to consider the review petition filed by the petitioner and pass appropriate orders regarding the payment of monthly pension for the petitioner. 7. Therefore, on such submission being made, the order passed by the first respondent in G.O.Ms.No.231, Tamil Development and Culture Department, dated 17.11.2003, is quashed and consequently, the respondents are directed to consider the review petition filed by the petitioner and pass appropriate orders regarding the payment of monthly pension for the petitioner. This may be done keeping in view the prayer of the petitioner and also the financial status. In the event of the respondents deciding to give monthly pension to the petitioner, the sum of Rs.10,000/- already granted to the petitioner as a consolidated amount could be adjusted towards the monthly pension decided to be paid. The first respondent is further directed to complete the process and pass appropriate orders within a period of six weeks from the date receipt of a copy of this order. 8. With the above directions, the writ petition is disposed of. No costs.