4 months ago
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A Division Bench of the Madras High Court has acceptable speech a azygous judge’s August 12, 2024 order, which held that the 2011 Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme (popularly known arsenic Thalikku Thangam scheme) should beryllium extended to each those who gain up to ₹12,000 a period and not beryllium confined to those earning beneath ₹6,000 a month.
First Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan agreed with Advocate General (A-G) P.S. Raman that the azygous justice ought not to person expanded the scope of the writ petition earlier him and ordered the beneficiaries of the authorities scheme, for giving golden during young women’s marriage, indispensable beryllium determined based connected the Minimum Wages Act, 1948.
“We are of the considered presumption that the absorption issued by the learned azygous justice was not lone beyond the scope of the writ petition but besides amounts to substituting 1 enforcement argumentation for the other,” the Bench said aft pointing retired the quality earlier the azygous justice was lone whether the petitioner S. Chithra, a home idiosyncratic from Chennai, was earning little than ₹6,000 a period oregon not.
“In the lack of determination being immoderate instrumentality of the onshore that the payment of matrimony assistance shall beryllium extended to those who are earning minimum wages oregon less, hold of that payment to a larger people is lone successful the realm of the enforcement relation and could not beryllium ordered successful workout of judicial powerfulness nether Article 226 (writ jurisdiction of High Courts) of the Constitution,” the Bench wrote.
Authoring the verdict, the Chief Justice said: “In the contiguous case, the lone ground for the learned azygous justice to clasp that the argumentation was bad, is simply a examination with the minimum wages. We bash not deliberation that was the close attack to beryllium adopted. In immoderate case, the argumentation was not nether situation earlier the court. Therefore, connected the different number also... the absorption of the learned azygous justice cannot beryllium sustained successful law.”
Further, noting the signifier of the State gifting golden for young women’s matrimony was discontinued from August 2, 2022 and had present been restructured arsenic Moovalur Ramamirtham Ammaiyar Higher Education Assurance Scheme, the judges said the writ petitioner’s 2021 application, seeking golden for her daughter’s marriage, could beryllium considered if her income was little than ₹6,000 a month.
The orders were passed aft the A-G said the azygous judge’s absorption to widen the strategy to each those who earned up to ₹12,000 a period mightiness pb to a plethora of writ petitions demanding the payment with retrospective effect and the State would not beryllium successful a presumption to carnivore the fiscal burden, particularly fixed the skyrocketing prices astatine which golden was being sold astatine present.
