1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13484 of 2011 K.G.Alphonse ...Petitioner .Vs. 1. The Government of Tamil Nadu, represented by its Secretary, Tamil Development and culture Department,Fort St.George,Chennai. 2. The Director, Director of Tamil Development and Culture,First Floor, Alsu Road, Egmore,Chennai-8 3. The District Collector, Kanyakumari District at Nagercoil. ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the first respondent vide G.O(Valayam)No.235, dated 30.09.2010 and to quash the same and consequently to direct the respondents to sanction monthly pension to the petitioner as per the Tamil Nadu Payment of Pension to Tamil Scholars and Miscellaneous Provisions Act from the year 1984, within the time stipulated by this Court. For Petitioner :M/s.C.Rajakumar For Respondents :Mr.T.R.Janarthanam,Addl. Govt. Pleader ORDER The petitioner, namely, K.G.Alphonse, filed this Writ Petition seeking for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the first respondent, vide G.O (Valayam)No.235, dated 30.09.2010 and to quash the same and consequently to direct the respondents to sanction monthly pension to the petitioner as per the Tamil Nadu Payment of Pension to Tamil Scholars and Miscellaneous Provisions Act from the year 1984, within the time stipulated by this Court. 2. The said prayer of the petitioner cannot be entertained in view of the judgments passed by the Division Bench of this Court followed by Single Judge in W.P.(MD) No324 of 2011, dated 01.11.2011 in the case of T.Mahadevan v. State of Tamil Nadu and others, wherein, this Court has declined to quash the Government Order in G.O.Ms.No.172, Tamil Development, Religious Endowment and Information Department, dated 31.05.2010 issued by the Government of Tamil Nadu in and by which the Government refused to pay pension to Tamil Scholars. The relevant portion of the said order is extracted as under: "13.The issue raised is no longer res integra. Even for persons who were drawing pension, the Government had passed order in G.O.Rt.No.468, Tamil Development, Religious Endowment and Information Department, dated 23.11.2007 stopping their pension as it was granted solely on the ground of participation in the Anti- Hindi Agitation. The question as to whether persons who had participated in the Anti Hindi agitation can be granted pension by the State Government came to be considered by the Supreme Court in R.R.Dalavai Vs. State of Tamil Nadu reported in AIR 1976 SC 1559 = https://hcservices.ecourts.gov.in/hcservices/ 2 (1976) 3 SCC 748. The Supreme Court in paragraphs 4 to 9 had observed as follows;- "6.In our opinion the pension scheme formulated by the Tamil Nadu Government contains the vice of disintegration and fomenting fissiparous tendencies. If any State will be engaged in exciting emotion against Hindi or any other language such provocation has to be nipped in the bud because these are anti-national and anti-democratic tendencies. 7... 8... 9.A mandamus will go directing the respondent to forbear from implementing the pension scheme. The State will be competent to claim refund of moneys illegally and unconstitutionally paid." (Emphasis added) 4. In that view of the matter, this Court also does not find any reason to entertain the Writ Petition and hence, the Writ petition is liable to be dismissed and accordingly, the same is dismissed. No costs. SD ASST REGISTRAR(RTI ACT) /TRUE COPY/ SUB ASST REGISTRAR vsn To 1. The Secretary, Tamil Development and culture Department,Fort St.George,Chennai. 2. The Director, Director of Tamil Development and Culture,First Floor, Alsu Road, Egmore,Chennai-8 3. The District Collector, Kanyakumari District at Nagercoil. 1cc To The Special Government Pleader in SR NO.41626 SB:10/01/2012 2P 5C W.P(MD)No.13484 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/