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1976 Supreme(Ker) 78

A.N.RAY, JASWANT SINGH
DALAVI – Appellant
Versus
STATE OF TAMIL NADU – Respondent


Judgment :-

1. This appeal is by special leave from the judgment dated 21 January, 1975 of the Madras High Court.

The appellant made an application under Art.226 challenging the power of the Government of Tamil Nadu to grant of pension to Anti-Hindi agitators. The appellant further challenged the power of the State to make payment from the Consolidated Fund of the State Exchequer.

2. Art.351 of the Constitution says that it shall be the duty of the Union Government to promote the spread of the Hindi language to develop so that it may serve as a medium of expression for all the elements of the composite culture of our country. The appellant contended that the spirit and letter of Art.351 is violated by the Pension Scheme of the Tamil Nadu State. The appellant said that the agitators who brought about violence broke the law and were honoured by the pension schemes of the State.

3. The High Court said that the State Legislature has control over purse and that in the view of the State Legislature the agitators against Hindi fought for a cause, and, therefore, those who are eligible should be granted pension. The High Court found that if a scheme is provided which is not destructive of the





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