1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.13298 and 13308 of 2011 1. A.Seeniammal ..Petitioner in W.P.No.13298/2011 2. V.Chockalingam ..Petitioner in W.P.No.13308/2011 Vs 1. The Government of Tamil Nadu, represented by its Secretary, Tamil Development and culture, Fort St.George, Chennai. 2. The Director, Director of Tamil Development, First Floor, Alsu Road, Egmore, Chennai-08 3. The District Collector, Theni District, Theni. ..Respondents in both W.Ps' Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to grant dependent pension to the petitioners' husband's/father's meritorious service for development of Tamil Literature and Culture on the basis of the recommendation of the third respondent, dated 24.02.2011 and 10.11.2010 respectively. For Petitioner :M/s.K.Samidurai in both W.Ps' For Respondents :Mr.B.Pugazhenthi in both W.Ps' Special Govt.Pleader COMMON ORDER The petitioners have filed the writ petitions seeking for the issuance of a Writ of Mandamus to direct the respondents 1 and 2 to grant dependent pension to the petitioners for petitioners' husband's/father's meritorious service for development of Tamil Literature and Culture on the basis of the recommendations of the https://hcservices.ecourts.gov.in/hcservices/ 2 third respondent, dated 24.02.2011 and dated 10.11.2010 respectively. 2. The said prayer of the petitioners 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 = (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 these Writ Petitions and hence, both the Writ petitions are liable to be dismissed and accordingly, the same are dismissed. No costs. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Secretary, Government of Tamil Nadu, Tamil Development and culture, Fort St.George, Chennai. 2. The Director, Director of Tamil Development, First Floor, Alsu Road, Egmore, Chennai-08 3. The District Collector, Theni District, Theni. +2cc to the Special Govt.Pleader, Sr.Nos.41240 & 41244 vsn/srm ssk/18.01.2012 /6c -3p/- W.P(MD)Nos.13298 and 13308 of 2011 23.11.2011 https://hcservices.ecourts.gov.in/hcservices/