| The appellant challenged the constitutional validity of the pension scheme of the respondent State by which the anti Hindi agitators were to be paid pension from the Consolidated Fund of the State. |
| The High Court dismissed the writ holding that (1) the spirit and letter of article 351 was not violated and (2) in view of the Appropriation Act 38 of 1974, the payment was not illegal. |
| Allowing the appeal by special leave, the Court ^ HELD: (1) The pension scheme formulated by the Tamil Nadu Government contains the vice of disintegration and fomenting fissiparour tendencies. |
| If any State will be engaged in exicting 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. |
| [602C D] (2) There is no legislative sanction in the instant case for such pension scheme. |
| The Government by an executive order could not authorise payment of pension scheme. |
| The pension scheme is unconstitutional and the Budget sanction is equally unconstitutional. |
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