The exclusion of grandchildren by the impugned Government Order on the basis of the observation of the Full Bench judgment is unreasonable, arbitrary and is liable to be struck down. The Government has not taken a conscious decision while excluding the grand children of the freedom fighters and passed the Government Order on the basis of full bench judgment. And hence, it cannot be taken that it is a policy decision of the government and the decision was taken on the basis of the observation made in the full bench judgment and when the observation is not ratio decidendi of the judgment, the Government should not have passed that G.O on that basis. Hence, it is liable to be struck down and it is struck down. (SLP Pending in Supreme Court).
(2010) 1 MLJ 1033
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
PRESENT: R.S.Ramnathan, J.
W.P.(MD) Nos.5050 and 6542 of 2009 and M.P.(MD) Nos. 1 and 2 of 2009
Petitioners: S.Sree Niranjanaa Bose & others
Respondents: Government of Tamil Nadu, rep by its Secretary, Health and Family Welfare; (MCA 1) Department, & others