LAWS(MAD)-2002-2-130

A. RAPHAEL Vs. THE GOVERNMENT OF TAMILNADU, REP. BY ITS SECRETARY, TAMIL DEVELOPMENT AND CULTURE DEPT., CHENNAI,

Decided On February 28, 2002
A. Raphael Appellant
V/S
The Government Of Tamilnadu, Rep. By Its Secretary, Tamil Development And Culture Dept., Chennai, Respondents

JUDGEMENT

(1.) PETITION praying to issue a writ of certiorarified mandamus calling for the records of the first respondent relating to its order dated 30.3.1998, quash the same and to direct the first respondent to sanction Tamil Scholar Pension to the petitioner from 8.10.1984 under the Payment of Pension to Tamil Scholars and Miscellaneous Provisions Act, 1983.

(2.) IN the affidavit filed in support of the writ petition, the petitioner would submit that he participated in various Freedom Struggle Agitations and he was imprisoned for more than 6 months during the Quit India Movement; that the Tamilnadu Government sanctioned State Freedom Fighter Pension and he is receiving the same till date; that the Government of India also sanctioned the Central Freedom Fighter Pension; that the petitioner participated in the agitation launched at Pudukadai on 11.8.1954 and he was arrested and imprisoned for 5 days in Kuzhithurai Lockup and for 93 days in Thucklay lockup; that the first respondent framed Rules for the payment of pension under the Act in G.O.Ms.No.21, Tamil Development and Culture dated 20.6.1984 and as per the said Rules, the petitioner is eligible for that pension for which he has applied on 8.10.1984 and no action was taken by the first respondent; that the petitioner filed W.P.No.13146 of 1993 and by order dated 19.7.1993, this court directed the respondents to pass orders; that by letter dated 25.10.1993, the first respondent rejected the petitioner's request on the ground that he has not produced the Jail certificate; that the said order was challenged in W.P.No.21449 of 1993 which was disposed of on 5.11.1997 with direction that the petitioner has to approach the respondents with a representation on which the respondents were directed to pass fresh orders on merits within 90 days from that date; that the petitioner submitted his representation on 29.12.1997 stating that the superintendent of Sub Jail, Thucklay as early as on 2.1.1995 stated that the Jail records of the year 1954 were not available and requested to accept the co -prisoner certificate and sanction pension; that the first respondent by letter dated 30.3.1998 rejected the request on the ground that the High Level Committee has not recommended the petitioner's name, which order is challenged in this writ petition. During arguments, though the learned counsel appearing on behalf of the petitioner would stick to the facts pleaded, he would also rely on an earlier order passed by the Single Judge of this court reported in W.P.Nos.20799 of 1993 etc (Natarajan v. The Government of Tamilnadu) wherein it is held as follows: -

(3.) ON the part of the learned Additional Government Pleader representing the respondents, she would stick to the impugned order and would strongly oppose the contentions of the petitioner, wherein the High Level Committee has rejected the plea of the petitioner for want of details, required by the committee.