C NATARAJAN AND Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Since the issue in all these writ petitions is one and the same, the same are being disposed of by the following common order.

(2.) The petitioners are all hailing from Kanyakumari District. Aggrieved by the order of the first respondent, namely, the Government of Tamil Nadu represented by its Secretary, Tamil Development and Culture Department, rejecting their claim for payment of pension under Tamil Nadu Payment of Pension to Tamil Scholars and Miscellaneous Provisions Act, 1983, hereafter referred to as "the Act", the first six petitioners have prayed for quashing of the rejection order and consequently they pray for appropriate direction to the respondents to sanction and pay the pension to them as per the provisions of the Act and the Rules made thereunder, from the date of their application. The remaining five petitioners have approached this Court for issuance of writ of Mandamus directing the respondents to pay pension under the Act and the Rules.

(3.) For the sake of convenience, I shall refer the facts of the case in W.P. No. 20799 of 1993. It is stated by the petitioner that during his younger age, he was inspired in the Merger Movement of Kanyakumari District with the State of Tamil Nadu and he actively participated in the agitation launched by the then Tiruvancore Congress under the leadership of Shri Nesamani. For participating in the agitation at Pudukadai, the petitioner was arrested and imprisoned in Kuzhithurai lock up for 37 days from 11-8-1954. It is stated that due to the said agitation, the Kanyakumari District and Chengottah Taluk of Tirunelveli District merged with the State of Tamil Nadu from 1-10-1956 under the State Reorganisation Act, 1956. In the said agitation sixteen persons were killed at Pudukadai due to Police firing. The Government of Tamil Nadu enacted an Act called the Payment of Pension to Tamil Scholars and Miscellaneous Provisions Act, 1983 for the payment of pension to Tamil Scholars or who had fought for merger of Tamil areas with the State of Tamil Nadu.