K PAVANASA THEVAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) 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 Mozhi-por 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 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 Shencottah Sub-Jail for a period of five weeks from 14.8.1954 in the struggle for the transfer of Tamil border region to Tamil Nadu. THErefore, the petitioner is entitled to get the Tamil Mozhi-por Thiagis' pension. He had applied for the pension, on 23.8.1997, to the Government of Tamil Nadu, with all the relevant documents for the sanction of the pension. All the papers had been forwarded to the second respondent. THE second respondent by his proceedings in ROC.No.E-4/8721/99, dated 12.8.2000, had negatived the petitioner's claim on the ground that he was not selected by the High Power Committee for the sanction of the pension. THE petitioner had filed a writ petition before this Court in W.P.No.26138 of 2001, challenging the proceedings of the second respondent, dated 12.8.2000. By an order, dated 14.3.2002, this Court had set aside the impugned order, dated 12.8.2000 and directed the second respondent to consider the request of the petitioner, after giving an opportunity to him. THEreafter, the second respondent had made enquiries and based on the enquiries, he had sent a proposal recommending the petitioner's case for sanction of the pension. By a Government Order in G.O.Ms.No.231, Tamil Development and Culture Department, dated 17.11.2003, the first respondent had passed an order sanctioning a lumpsum payment of Rs.10,000/- purported to be passed under the provisions of Sections 3 and 8 of the Tamil Nadu Payment of Pensions to Tamil Scholars and the Miscellaneous Provisions Act, 1983. THE petitioner had submitted a review application, dated 4.2.2004, to the second respondent for passing an order sanctioning monthly pension as provided under the Act. Even though the said review application had been received by the respondents 1 and 2, no orders had been passed so far. THErefore, the petitioner had filed the present writ petition challenging the order of the first respondent passed in G.O.Ms.No.231, Tamil Development and Culture Department, dated 17.11.2003.