IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.07.2010 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.NO.6126 OF 2009 AND M.P.NO.1 OF 2009 G.Ponniyammal ... Petitioner versus 1.The State of Tamil Nadu Rep. by its Secretary to Government Tamil Development and Culture Department Fort St. George, Chennai – 600 009. 2.The Director of Tamil Development and Culture Kuralagam, Chennai – 600 108. 3.The District Collector Thiruvallur District at Thiruvallur. ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of writ of mandamus, directing the respondents to pay monthly pension to the petitioner under the Tamil Nadu Payment of Pensions to Tamil Scholars and Miscellaneous Provisions Act, 1983. For Petitioner : Mr.K.Ravichandrabaabu For Respondents : Mrs.Lita Srinivasan Government Advocate O R D E R The petitioner's husband participated in the Tamil Area Merger Movement launched by the Tamil Leader Shri. M.P.Sivagnanam and other leaders for the merger of Tamil areas in the northern belt of Tamil Nadu like Thiruthani, Pallipattu. While he participated in the agitations, he was imprisoned in Central Prison, Madras from 29.09.1956 to 05.10.1956. 2.The Government of Tamil Nadu enacted the Tamil Nadu Payment of Pensions to Tamil Scholars and Miscellaneous Provisions Act, 1983 (shortly "the Act") providing pension to those, who have exhibited courage or nobility in their zeal to preserve the growth of https://hcservices.ecourts.gov.in/hcservices/ Tamil language or Tamil culture or exhibited conspicuous talents in Tamil language and to provide for sanction of pension or grant to the families of persons, who have evinced remarkable enthusiasm for Tamil language or Tamil culture, and while striving to uphold their enthusiasm for Tamil language or for the preservation of Tamil culture, lost their lives. Sections 3 and 4 of the Act are extracted hereunder: "3.Sanction of pension, grant or scholarship – (1) The Government may sanction a pension of [two hundred and fifty rupees] per mensem, or a grant not exceeding ten thousand rupees or both- (a) to every person who has exhibited conspicuous courage and nobility in his enthusiasm for the Tamil language or in his zeal to preserve the growth of Tamil language or to preserve the Tamil culture; (b) to the dependant of every martyr: Provided that where there are more than one dependant of a martyr, the pension or grant shall be sanctioned only to one of such dependants and for purpose of such sanction of pension, preferences shall be given to a dependant in the order specified in clause (a) of section 2 and where there are more than one dependants of the same category specified therein, the pension or grant shall be apportioned among such dependants in such manner as may be prescribed; (2) On the death of a person who has been sanctioned pension under clause (1) of sub-section (1), the Government may sanction a pension of [two hundred and fifty rupees] per mensem to the dependant of such person: Provided that where there are more than one dependant of such person, the pension under this sub-section shall be sanctioned to only one of such depandants and for purpose of such sanction of pension, preference shall be given to a dependant in the order specified in clause (a) of section 2 and where there are more than one dependants of the same category specified therein, the pension or grant shall be apportioned among such dependants in such manner as may be prescribed. (3) The Government may sanction scholarships not exceeding five thousand rupees in such number of https://hcservices.ecourts.gov.in/hcservices/ instalments and in such manner, as may be prescribed, to- (i) students who have exhibited conspicuous talents or marked skill in Tamil language; (ii) teachers who have evinced notable interest to the preservation and growth of Tamil language; (iii) poets and writers of outstanding merit in Tamil language; and (iv) persons engaged in research work in Tamil language or Tamil culture. 4.Application for pension, etc - (1) Any person who is eligible for sanction of pension, grant or scholarship under this Act may make an application to the Government in such form and in such manner, as may be prescribed. (2) The application under sub-section (1) shall be accompanied by a certificate from such officer, in such form, and in such manner, as may be prescribed. (3) On receipt of an application under sub- section (1), the Government may cause such enquiries as they may deem necessary, to be made regarding the eligibility or otherwise of the applicant and may sanction the pension, grant or scholarship, as the case may be, in accordance with the provisions of this Act and the rule made thereunder. (4) The Government, while sanctioning pension [other than the pension referred to in sub-section (4)], grant or scholarship under this Act, shall take into consideration the following factors, namely:- (i) the remarkable skill or conspicuous talent in the Tamil language exhibited by the applicant or the martyr, as the case may be; (ii) the outstanding merit of the applicant or the martyr, as the case may be, in contributing to the growth of Tamil language and the preservation of Tamil culture; https://hcservices.ecourts.gov.in/hcservices/ (iii) the courage and nobility exhibited by the applicant in his zeal to preserve the growth of Tamil language or to preserve the Tamil culture; (iv) the remarkable enthusiasm for Tamil language and his lead to preserve Tamil culture, evinced by the martyr. (v) the nature of the suffering either by way of imprisonment or otherwise undergone by the applicant or the martyr, as the case may be; or (vi) such other factors as may be prescribed. (5) The Government, while sanctioning pension under sub-section (2) of section 3, shall take into consideration such factors as may be prescribed. It is stated that the dependents of the martyr are paid Rs.2000/- per month as pension under the Act. 3.The petitioner's husband made an application dated 30.05.1996 to the respondents enclosing all original certificates including the jail certificate issued by the Jail authorities that he was imprisoned between 29.09.1956 and 05.10.1956 in Central Prison, Madras. However, her husband died on 18.08.1999, leaving behind him the petitioner (his wife) and four children as his legal-heirs. 4.Thereafter, the petitioner made a representation to the second respondent to pay her pension, as she is the dependent of the martyr husband under the Act. While making representation, she enclosed all the certificates available with her including a xerox copy of the jail certificate issued by the Superintendent, Central Prison, Madras stating that her husband was imprisoned in Central Prison, Madras between 29.09.1956 and 05.10.1956. 5.While so, the second respondent vide his letter dated 16.12.1999 directed the petitioner to produce the documents such as jail certificate, death certificate, legal-heir certificate, income certificate, residential certificate, photos etc. Accordingly, she submitted all the documents. 6.In the meantime, the Tahsildar, Thiruthani, by his letter dated 01.12.2006 directed the petitioner to appear for enquiry on 08.12.2006 with all documents. She also appeared in the enquiry and submitted all the documents. She was not aware about the report submitted by the Tahsildar, Thiruthani. However, no order was passed by the respondents granting dependent pension under Section 3(1)(b) of the Act. https://hcservices.ecourts.gov.in/hcservices/ 7.Hence, the petitioner filed the present writ petition seeking for a direction to the respondents to pay her pension under the Act. 8.Notion of motion was ordered on 13.04.2009. 9.Heard Mr.K.Ravichandrabaabu, learned counsel for the petitioner and Mrs.Lita Srinivasan, learned Government Advocate for the respondents and perused the materials available on record. 10.The learned Government Advocate submits that the original jail certificate of her husband was not produced and the pension is denied only on the ground that the petitioner is not able to produce original jail certificate about the imprisonment of her husband. 11.In these circumstances, this Court passed an order on 23.06.2010 directing the respondents to verify the genuineness of the xerox copy of the jail certificate enclosed by the petitioner in the typed set of papers. Based on such direction, an attempt was made to verify the genuineness of the jail certificate. However, it is stated in the letter dated 29.06.2010 of the Tahsildar, Thiruthani that the Jail authority vide his letter dated 28.06.2010 stated that the jail records were destroyed long back. 12.In these circumstances, the petitioner filed additional affidavit enclosing the co-prisoners certificate issued by one Mr.Varadharajan and Mr.Kanniyappan that the petitioner's husband was imprisoned along with them on 29.09.1956, while participating in the Merger Movement. Both Mr.Varadharajan and Mr.Kanniyappan are in receipt of pension under the Act. The Government order in G.O.Ms.No.2, Tamil Development and Culture Department, dated 04.01.2007 granting pension to both Mr.Varadharajan and Mr.Kanniyappan along with others are also enclosed in the typed set of papers. In such circumstances, it has to be decided as to whether the petitioner is entitled to grant of dependent pension under the Act based on the co-prisoners certificates. 13.The learned counsel for the petitioner submits that a Division Bench of this Court in THE GOVERNMENT OF TAMIL NADU VS. M.NALLATHAMBI in W.A.NO.1280 OF 2008 (decided on 27.04.2009) held that a co-prisoner's certificate is certainly a document which could be relied upon for the purpose of granting pension under the Act. In this regard, para 8 of the said judgment is extracted hereunder. "8.In fact, as correctly pointed out by the learned Judge (P.Sathasivam, J., as he then was) in K.P.Natarajan v. State of Tamil Nadu (2003 WLR 835), co-prisoner certificate is certainly a document https://hcservices.ecourts.gov.in/hcservices/ which can be relied upon for the purpose of granting freedom fighters pension. The relevant portion of the judgment is, "7.The other essential condition is that the petitioner has to produce co-prisoner certificates as notified by the Government. It is the claim of the petitioner that he had produced a certificate from the Freedom Fighter V.N.Arunachalam, who is getting pension as per order PPO 2147/S, who was lodged in Coimbatore Central Prison and Alipuram Jail in Bellary District during the period 14.09.1942 to 11.09.1944. The petitioner also produced another certificate from the Freedom Fighter one Nachipallan, who was lodged in Central Prison, Coimbatore during the period 29.09.1942 to 11.09.1944, who is also getting pension from the State Government vide order No.2706/S. Unfortunately, these certificates issued by the Freedom Fighters, who were also lodged in the prison during the relevant period, who participated in the freedom struggle along with the petitioner, were not accepted by the Government, as these freedom fighters are not recognised or given in the list of 15 freedom fighters identified by the Government. Inasmuch as the two certifiers, viz., V.N.Arunachalam and Nachipallan – freedom fighters were lodged in Central Prison, Coimbatore during the relevant time along with the petitioner, I am of the view that the Government is not justified in rejecting those certificates and insisting that persons named in the list of 15 alone to be given such certificate. The petitioner has also produced copy of those certificates vide page 2 and 3 of the typed set of papers. 8.It is also useful to refer one important fact that when the petitioner made an application for grant of State Freedom Fighter Pension through the District Collector-second respondent herein, the matter was enquired by the District Committee and based on the enquiry, the District Collector forward his report dated 17.02.1999 to the Government, recommending the case of the petitioner for grant of State Freedom https://hcservices.ecourts.gov.in/hcservices/ Fighters Pension. The said report finds place at Page 4 and 5 of the typed set of papers. The report shows that the petitioner had obtained co-prisoner certificate from one K.P.Thiruvengadam, Nachipallan and V.N.Arunachalam, who were imprisoned in the same District. The report further states that the petitioner was a co-prisoner along with Nachipallan and V.N.Arunachalam, the said Nachipallan was getting State Freedom Fighters Pension and V.N.Arunachalam was getting pension from the Central Government. All those details are available in the report of the District Collector dated 17.02.1999. 9. In the light of the abundant materials, it is surprising that the first respondent has informed that the petitioner had not furnished details regarding his confinement and the co-prisoner certificates produced by the petitioner are not acceptable. The Government has also erroneously rejected the report of the District Collector, which is based on the enquiry made by the District Committee. The impugned order of the first respondent cannot be sustained in view of the decisions rendered in W.P.No.19152 of 1996 dated 21.01.2000 (PSJ), W.P.Nos.15465, 15596 of 2001 dated 12.03.2002 (VKJ), which was affirmed by the Division Bench in W.A.Nos.2142 and 2143 of 2003 dated 01.07.2003." In such view of the matter, it is not possible to accept the contention of the learned Special Government Pleader that the petitioner has not produced any acceptable document." 14.In view of the certificates dated 09.07.2010 issued by the co-prisoners, who are in receipt of monthly pension under the Act, that the petitioner's husband was also imprisoned along with them between 29.09.1956 to 05.10.1956, the petitioner is entitled to succeed in this writ petition. Accordingly, the respondents are directed to grant monthly dependent pension to the petitioner in accordance with the provisions of the Act, within a period of eight weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 15.This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar TK To 1.The Secretary to Government Government of Tamil Nadu Tamil Development and Culture Department Fort St. George, Chennai – 600 009. 2.The Director of Tamil Development and Culture Kuralagam, Chennai – 600 108. 3.The District Collector Thiruvallur District at Thiruvallur. 1 cc To Mr.K.Ravichandran, Advocate, SR.54238. W.P.NO.6126 OF 2009 BVN(CO) RVL 30.07.2010 https://hcservices.ecourts.gov.in/hcservices/