G R BASAVARAJAN 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 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.) 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.