LAWS(MAD)-2009-10-10

INDRA KUMAR PODDAR Vs. UNION OF INDIA

Decided On October 26, 2009
INDRA KUMAR PODDAR Appellant
V/S
UNION OF INDIA, REP.BY ITS SECRETARY, DEPARTMENT OF EDUCATION, MINISTRY OF HUMAN RESOURCES DEVELOPMENT Respondents

JUDGEMENT

(1.) The above writ appeals have been filed against the order made in W.P. No. 12274 of 1991 and W.M.P. No. 2935 of 1994 in W.P. No. 12274 of 1991 respectively.

(2.) The facts leading to filing of the writ petition are as stated hereunder: (a) The appellant and their grand parents have been devotees of "Sri Aurobindo" and "The Mother" for quite a long time and it is stated that they have renounced all their worldly possessions in favour of the Ashram and have dedicated their life for the services of "Sri Aurobindo" and "The Mother". Finally in the year 1953, they decided to renounce the worldly life and joined the Ashram at Pondicherry. "The Mother" admitted the appellant's grandfather, his parents, his uncle, their families, appellant's four brothers and the appellant, as permanent members of the Ashram sometime during October/November, 1953. At that time, the appellant was nine years of age. (b) According the appellant, one of the rule for admission into the Ashram was, when once a devotee was admitted to the Ashram, he was not supposed to own any personal property, but to offer all the wealth that he possessed at the time of admission, to the lotus feet of Sri Aurobindo and The Mother and then the Ashram took upon itself the burden of maintaining him, meeting all his bare minimum needs that are absolutely necessary for a healthy spiritual life. In the case of the appellant, his parents surrendered all their wealth and it became the responsibility of the Ashram to look after and maintain the entire family, including the appellant. (c) During 1960, a Society under the name and style of 'Sri Aurobindo Society' was formed for the purpose of disseminating the ideals and teachings of Sri Aurobindo and The Mother, in and outside India. This society was originally registered under the Societies Registration Act, 1860, and subsequently registered under the West Bengal Societies Registration Act, 1961. In terms of Clause 7 of the Memorandum of Association, The Mother shall be the permanent President of the Sri Aurobindo Society, and that she remained President of the Society throughout her life time. It is stated that The Mother left her body on 17.11.1973. (d) Pursuant to the objects and ideas of establishing a spiritualised Society, in a conference held during August, 1964, "The Mother" gave the name "Auroville" to a project of the Society. In the year 1965, the Society made a public announcement that they are setting up an Universal and Cultural Township about four miles from the Ashram, named Auroville, which means 'The city of dawn'. (e) The appellant stated that he completed his education in the Sri Aurobindo International Centre for Education in the year 1963 and was doing work in the Ashram Department. After public announcement of the project Auroville, "The Mother" herself entrusted to the appellant in March, 1965, the responsibility of acquiring lands for the Auroville project and from 6.4.1965 onwards the appellant was purchasing lands for the project. Since the appellant was permitted to get married, it is stated that "The Mother" had permitted him to have the residence in the Promessee settlement of the Auroville, in which the appellant and his wife continued to stay. It is further stated that from April, 1965 to March, 1971, the appellant had acquired about 1600 acres of the land for the project. (f) In or about November, 1975, there arose certain dispute regarding the management of the project as well as the Society and a group of dissident members were trying to interfere with the original plans of "The Mother", which were envisaged and therefore a suit came to be filed by certain group of persons in O.S. No. 60 of 1976 on the file of the District Munsif Court, Pondicherry, which was subsequently transferred to the Additional Sub Court, Pondicherry. It is stated that there was an order of interim injunction. which came to be contested by the dissident group of members. (g) At that stage, on 18.11.1980, the Government of India issued an ordinance known as Auroville (Emergency Provisions) Ordinance, 1980, by which the Government took over the management of the Auroville for a temporary period. This ordinance was replaced by The Auroville (Emergency Provisions) Act, 1980 (Act 59 of 1980). The validity of the Act 59 of 1980 came to be challenged by Sri Aurobindo Society and few others before the Honourable Supreme Court. It is stated that the appellant herein was one of the person, who was actively involved in such litigation and instructing the learned counsels appearing before the Honourable Supreme Court. The Honourable Supreme Court by judgment dated 8.11.1982, upheld the validity of the Act. (h) In terms of Section 5 of Act 59 of 1980, the Central Government had the powers to appoint an Administrator for the purpose of taking over the management of Auroville and the Administrator was to carry on the management of the Auroville for and on behalf of the Central Government. After the judgment was delivered by the Honourable Supreme Court on 8.11.1982, on the same day two orders were issued and by Order No. 1 dated 8.11.1982, the Administrator divested the appellant of his responsibilities and work in relation to the land and estate management, and by Order No. 11 dated 8.11.1982, the responsibility for maintenance and development of Promesse settlement was also taken away from the appellant and was handed over to another member of the Auroville. It is to be noted that these orders divesting the appellant of the powers were not questioned by the appellant. (i) Subsequently, by office note dated 25.2.1983, the Administrator of the Auroville decided to stop the payment of food and other allowances to the appellant and his family members with effect from 1.3.1983. According to the appellant, this order was passed in violation of the principles of natural justice and it was not communicated to the appellant, but to the Society alone. Therefore, the appellant had submitted a representation on 21.5.1987 followed by further representations on 23.5.1987 and 24.6.1987. 0) In the order dated 25.2.1983, which is also one of the orders impugned in the writ petition, it was stated that, "it is felt that Shri Indra Poddar is in a position to maintain himself and his family and so having regard to the dwindling position of funds, further payment of the said allowances to him is stopped." The appellant objected to such proceeding and had submitted various representations in the nature of appeal. While considering such representations, an order came to be passed on 29.5.1989 by the Department of Education, Ministry of Human Resources Development, by which it was stated that it is understood that the appellant was gainfully employed in an establishment during 1983-1989 and as per the rules of Auroville Council, he ceased to be an Aurovillian. The appellant was further informed that he is not entitled for restoration of his food and other allowances and he may however apply to the Auroville Council for readmission in the Auroville. (k) Thereafter, the appellant had submitted further appeal on 22.6.1989. On receipt of the said appeal, the very same officer, who passed the original order dated 29.5.1989, took up the appeal petition and by order dated 8.9.1989 stated that it is the Auroville Council, which decides the question of admission, integration and readmission to the Auroville and advised the appellant to approach the Auroville Council for readmission to the Auroville. It was further informed that the food and other allowances are no longer paid by the staff in the Auroville, but by the persons in charge of the units with which the Aurovillian concerned may be working. (1) The appellant has subsequently made several representations and ultimately by order dated 23.4.1991, the appellant was informed that according to Article 19 of the Auroville Foundation Act, 1988, the Governing Body of the Foundation is to be guided by the advice of the Residents' Assembly of the Auroville and therefore, the appellant was advised to take up his case with the Working Committee of the Residents' Assembly, which was to be constituted soon.

(3.) At this juncture, it is relevant to point out that Act 59 of 1980 came to be replaced by the Auroville Foundation Act, 1988 (Central Act 54 of 1988). The powers under the Act 59 of 1980 was restricted to taking over of the management of Sri Aurobindo Society, and Act 54 of 1988 was for taking over of the ownership and control of the Society.