Madras High Court
Puduvai Kalai Ilakia Peru Mandram vs Government Of Union Territory Of on 10 September, 2014
Author: M.Sathyanarayanan
Bench: Sanjay Kishan Kaul, M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2014
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
and
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN
W.P.No.13522 of 2002
Puduvai Kalai Ilakia Peru Mandram
a registered Society rep. By its
General Secretary M.S.Radhakrishnan .. Petitioner
vs
1.Government of Union Territory of
Pondicherry, rep. By its Secretary
Personnel and Administration
Reforms Department,
Secretariat, Pondicherry.
2.Government of Union Territory of
Pondicherry, rep. By its Secretary,
Department of Art and Culture,
Secretariat, Pondicherry. ..Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to strictly implement in letter and spirit the provisions of Section 3 of the Pondicherry Official Language Act 1965 in terms of the implementation order passed by the 1st respondent in his reference No.82178/97/DARO, dated 15.9.1997 by taking severe action against those officials who violate the orders.
For Petitioner .. Mr.P.K.Rajagopal
For Respondents .. Mr.T.Murugesan
Senior Government Pleader cum
Public Prosecutor (Pondicherry)
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The writ petition, styled as a Public Interest Litigation, seeks implementation of the provision of Section 3 of the Pondicherry Official Language Act, 1965, in letter and spirit.
2.The relevant provision being Section 3 reads as under:
Official Language of the Union Territory
3.With effect from such date as the Administrator may, by notification in the Official Gazette, appoint in this behalf, the Tamil Language shall, subject to the provisions of Section 34 of the Government of Union Territories Act, 1963 (Central Act 20 of 1963) be the language to be used for all or any of the official purposes of the Union Territory and different dates may be appointed for different official purposes or for different areas in the Union Territory.
Provided that the Administrator may, by like notification, direct that in the case of Mahe area, the Malayalam language and in the case of Yanam area, the Telugu language may be used for such official purposes and subject to such conditions as may be specified in such notification.
Use of the Engligh Language for official purposes:
Not withstanding anything contained in Section-3, as from the commencement of this Act, the English language may be used for all of the official purposes of the Union Territory.
3.It is not disputed that from time to time 38 departments have been brought within the ambit of Section 3 of the notification.
4.In the counter-affidavit, it has been set out that the Union Territory of Pondicherry, in view of the aforesaid, follows the four language formula and all its four enclaves are situated far away from one another. The English language continues to be the link language among all officers working in all the four regions in order to avoid deviation in official business and that is the reason the transactions of official business continued to be made in English in the interest of public service though the use of Tamil language in Puducherry and Karaikkal, Malayalam in Mahe and Telugu in Yanam, are also in practice to the extent wherever possible. Not only that, a separate cell in the name of Tamil Development Wing in the Chief Secretariat, Puducherry, is proposed to be created with nine different category of posts numbering in total 11. The legislative business is also carried out in Tamil. The determination of Government of Puducherry to implement the use of Tamil language in all official correspondence in phased manner has been set out and the separate cell created is stated to involve a cost of Rs.10 crores per annum.
5.The aforesaid shows that the notification has been issued keeping in mind the peculiarity of the Union Territory of Puducherry, where there are people from different regions speaking different languages live. The local languages are 3 in number and that is why Section 3 refers to the area and the respective language for that area with a non-obstante clause for official communication in English on account of there being really three local languages. Thus, a four language formula is applied specially, as even the officers may be using one language or the other in their respective areas.
6.We are, thus, of the view that really speaking, there can be no direction from the Court for implementing it in true letter and spirit.
7.The Writ Petition stands closed. No costs.
(S.K.K., CJ.) (M.S.N.,J.)
10.09.2014
Index : Yes/No
Internet : Yes/No
sra
To
1.The Secretary,
Government of Union Territory of
Pondicherry, Personnel and
Administration Reforms Department,
Secretariat, Pondicherry.
2.The Secretary,
Government of Union Territory of
Pondicherry, Department of Art and Culture,
Secretariat, Pondicherry.
The Hon'ble Chief Justice
and
M.Sathyanarayanan, J.
(sra)
W.P.No.13522 of 2002
10.09.2014