A MARY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) ALL these writ petitions raise common questions of fact and law and therefore disposed of by this common judgment.

(2.) THE petitioners in different writ petitions are either participants in the movement relating to merger of Tamil areas within the State of Tamil Nadu, who had undergone imprisonment in connection with such movement, or widows of such participants. The agitations relating to merger of Kanyakumari District and Sengottai Taluk had been launched during the year 1954. Similarly, the agitation for the merger of Tiruttani and Pallipattu had been launched in the year 1953. With a view to compensate the sufferings undergone by such agitators as well as to recognise their contributions towards merger of such areas and for development of Tamil language, the State Government had enacted Tamil Nadu Payment of Pension to Tamil scholars and Miscellaneous Provisions Act, 1983 (hereinafter referred to as the Act ). Under the rule making power envisaged under such Act, the Government had also framed statutory rules known as Tamil Nadu Payment of Pension to Tamil Scholars and Miscellaneous Provisions rules, 1984, hereinafter referred to as the Rules. Initially under Section 3 (1) of the Act, a person was eligible to receive monthly pension of Rs. 150/- or a grant not exceeding Rs. 10,000/- or both. However, subsequently by amendment, the quantum of pension has been increased from time to time and ultimately such pension has been fixed at Rs. 3,000/- per month with Rs. 15/-per month as medical allowance. Similarly, the amount payable towards family pension to the legal heirs of such participants has been correspondingly increased. However, there is no change effected in the grant of lumpsum amount not exceeding Rs. 10,000/ -. The Government has been sanctioning payment of such amount from time to time to various participants as evident from G. O. Ms. No. 72 dated 3. 3. 1988, when monthly pension was sanctioned at the rate of Rs. 250/- per month to the applicants. Subsequently, under G. O. Ms. No. 412 dated 15. 12. 1989, the Government had sanctioned monthly pension to another 952 persons with effect from 1. 10. 19 89. While the matter stood thus, some of the claimants, who had participated in connection with some of the agitations were denied payment on the ground that they were not able to produce certificate from jail authorities. The dispute was taken to the High court and ultimately in the judgment reported in 1997 Writ L. R. 639 (K. Arumugham Nadar V. Govt. of Tamil Nadu and Two Others), a learned single Judge of this Court laid down various principles relating to consideration of such application. In one such writ petition, namely, w. P. No. 14718 of 1993, in the counter the State Government had indicated that under the provisions of the Act and the Rules, payment of pension is not only contemplated to the Tamil scholars but also to those who had fought for merger of Tamil areas within the State of Tamil nadu. The relevant portion of such counter affidavit is in fact extracted in the judgment of the high Court reported in 1999-III MLJ 728 (C. Natarajan and Thers V. The Government of Tamil nadu And Others ). Such decision related to many of the petitioners. Under such decision, the learned single Judge had ultimately issued the following directions:-

(3.) EVEN though a specific time limit was indicated, no order was passed by the Government and, at that stage, the present petitioners had filed Contempt Petitions. After receipt of notice in those contempt petitions, the Government passed orders on 13. 11. 2002 sanctioning rs. 10,000/- as lumpsum payment to those of the petitioners who were participants in the movement and a sum of Rs. 5000/- to those of the petitioners who are widows of the participants. The contempt petitions were subsequently closed on 13. 12. 2002 leaving it open to the petitioners to challenge such order passed by the Government and observing that it would be open to the petitioners to receive such amount which has been granted by the Government. Thereafter the present writ petitions have been filed challenging the validity of the provisions contained in the Act and the Rules to the extent it provides for grant of Rs. 10,000/- as lumpsum. It is claimed that either monthly pension should be paid or the lumpsum amount be increased.