BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05/09/2008 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.2046 of 2005 and W.P.M.P.No.2044 of 2005 T.Mahadevan ... Petitioner vs. 1.The State of Tamil Nadu, Rep.through its Secretary, Tamil Development and Culture Department, Fort St. George, Chennai. 2.The Director, Department for Tamil Development, And Culture, Kuralagam, Chennai. 3.The District Collector of Dindigul, District Collector Office, Dindigul. 4.The Tahsildar(Revenue) Tahsildar Office, Kodaikanal. ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st and 2nd respondent to grant pension under the "Molipore Thiyagi" scheme to the petitioner from the year 1990 and other future benefits. !For Petitioner ... Mr.K.P.S.Palanivelrajan ^For Respondents ... Mr.K.A.Thirumalaiappan Addl. Government Pleader. :ORDER
Heard both sides and perused the records.
2. The prayer of the petitioner is to grant pension under the Scheme
for Pension for “Mozhipor Thyagi” which literally means Martyr in Tamil Language
Agitation.
3. The writ petition was admitted on 23.04.2005. The petitioner’s
prayer for an interim direction was not granted by this Court. On notice from
this Court, the first respondent filed a counter affidavit dated 20.11.2005 and
to which, a reply affidavit dated 07.02.2006 has been filed by the petitioner.
4. By the Tamil Nadu Act of 23 of 1983, known as “Tamil Nadu Payment
of Pension to Tamil Scholars and Miscellaneous Provisions Act, 1983 was enacted
by the State Legislature”. Under Section 2 (d), the term “Martyr” is defined,
which is as follows:-
“d.”martyr” means a person, who has evinced enthusiasm for Tamil language and
Tamil culture and whole arriving to uphold his enthusiasm for Tamil language or
in preserve the growth of Tamil language or to preserve the Tamil culture, has
lost his life.”
5. Under Section 3 of the Act, it is guaranteed that the Government may
sanction pension for the following two categories:-
“a) to every person who has exhibited conspicuous courage and nobility in
his enthusiasm for the Tamil language or in his zeal to preserve the growth of
Tamil language or to preserve the Tamil culture.
b) to the dependant of every martyr.”
6. It is stated under Section 4(4)V, the Government may consider
several factors under Section 4, for the grant of Sanction of Pension or
Scholarship. Under Section 4(4)V, one of the factor is the nature of suffering
either by way of imprisonment or otherwise undergone by the applicant or martyr.
What is described in 4(4)V is one of the guidelines and that itself cannot
become the sole factor for the pension.
7. The Government has prescribed the Rules under the Act by
G.O.Ms.No.21, Tamil Development dated 20.06.1984. Under the said G.O. in Rule
No.5 it is stated any application sent to the Government for the benefit under
the Act will be referred to an High Power Committee to be constituted by the
Government. Only if the Government is satisfied about the eligibility of the
person, it can consider the sanction, pension grant or scholarship and after
taking note of the recommendations of the Committee, the Government may order
the pension or the scholarship as the case may be.
8. The Government constituted a High Level Committee by G.O.Ms.No.172,
Tamil Development, dated 27.08.1996, under the Chairmanship of the Minister for
Tamil Official Language and Culture. During the meeting held on 10.06.1998, it
was decided that those who are convicted and imprisoned in various jails for
more than 14 days alone shall be considered for sanction of pension under that
Scheme.
9. Though the petitioner claimed that he was imprisoned for more than
one month from 13.06.1965 to 11.06.1965, the report of the Collector was showed
he was convited only one day, i.e. on 13.06.1965 and it was stated that the
petitioner had produced a false certificate.
10. In the reply affidavit, the petitioner had not denied this averment.
He merely stated that even for one day imprisonment will be covered by Section
4(4)V of the Act. Therefore, though in the typed set, the petitioner had
produced a certificate from the Sub-Jail, Kodaikonal, showing that his date of
admission to the jail was on 13.02.1965 and date of release was on 14.03.1965,
his status was described as an undertrial.
11. The High Power Committee had laid down the guidelines that those who
are convicted and imprisoned in jails for more than 14 days will be considered
for pension. The petitioner by placing reliance upon Section 4(4)V of the Act
stated that the prerequisite of 14 days conviction is not valid but it has no
relevance to the present case since the said sub-section lists out five
guidelines and it is only the 5th guidelines which states “suffering by way of
an imprisonment by an applicant”. Though it is argued that the High Power
Committee cannot lays down guidelines by prescribing a minimum number of day of
conviction and imprisonment, the said issue is not relevant and need not be
considered by this Court in the case of the applicant.
12.It is an admitted fact that he was convicted for only one day and that
cannot to be said to be suffering within the meaning of Section 4(4)V of the
Act. Therefore, the Government was right in rejecting his claim based on the
High Power Committee’s recommendations. If the petitioner feels that he was put
to suffering it is for him to convince the Government about the same by placing
materials with them. That has not been done so. It is for the petitioner to
make out a fresh application and set out the circumstances for grant of pension.
13. But on no ground, he can question the guidelines prescribed by the
High Power Committee in respect of Section 4(4)V as ultra vires of the Act or
arbitrary. The writ petition will stand disposed of accordingly. No costs
ssm
To
1.The Secretary,
The State of Tamil Nadu,
Tamil Development and
Culture Department,
Fort St. George,
Chennai.
2.The Director,
Department for Tamil Development,
And Culture,
Kuralagam,
Chennai.
3.The District Collector of Dindigul,
District Collector Office,
Dindigul.
4.The Tahsildar(Revenue)
Tahsildar Office,
Kodaikanal.