Introduction
In an insightful development, the High Court of Madras has underscored the importance of pension as a matter of right and not charity, and that the authorities should exercise more willingness and enthusiasm in distributing the pension money for the benefit of mentally disabled persons and their dependents. This judicial intervention proves to be of immense importance to persons suffering from intellectual disabilities, as it seeks to streamline the procedure for disabled dependents of deceased government servants to access their rightful pension benefits without getting held up in unwarranted procedural complications.
Background
The decision has been made as result of a writ petition filed by the petitioner seeking the court to issue a writ of mandamus directing the first respondent, the Principal Accountant General of Chennai, to sanction the family pension through the treasury officer, to the petitioner within a time frame fixed by the court. The circumstance that resulted in the filing of this petition is as follows. The petitioner’s father was working as the Forester under the control of district Forest Officer at Kanyakumari District. His serviced ceased from the date of 19.07.1982, and during the rest of his lifetime, he received pension. After the father’s death, petitioner’s mother received the pension, till her death on 15.01.2016. It is the petitioner’s case that he is mentally retarded and doesn’t have an independent source of income to meet his medical expenses. He made a representation seeking family pension to the second respondent by enclosing all the requisite documents. Subsequently, the second respondent District Forest Officer forwarded the proposal to the principal accounts general. There has been no progress on the application thereafter. Aggrieved by the delay in considering the proposal, the petitioner approached the Madras High Court by filing a writ petition.
In reply to the petition, the respondents contend that on examination of the proposal dated 10.12.2024 sent by the W.P.(MD) No..2972 of 2025 second respondent, the first respondent instructed the second respondent vide a letter dated 03.02.2025 to furnish the income certificate of the petitioner issued by the revenue authorities duly countersigned by the Department where the Government servant last served. The counsel for the respondents thus submits that the petitioner’s proposal can be considered only upon the receipt of the income certificate. The Court, by affirming the medical condition of the petitioner, held that the petitioner is entitled for family pension as he has no independent source of income to meet medical expenses and to survive himself. Furthermore, the court condemned that, the 1st respondent’s insistence on the production of income certificate, has been made without the application of mind. The expectation for a person like the petitioner, who suffers from mental disability from birth, to have any income is unreasonable.
Key Points
- Emphasis on considering the humanitarian requirements rather that the procedural intricacies: The court highlights the need to focus more on the humanitarian concerns regarding disputes, instead of dwelling on the technicalities.
- Per Protecting the petitioner’s constitutional right: By declaring the petitioner’s eligibility to receive the family pension, the Court has upheld the petitioner’s right to life and dignity as enshrined in Article 21 of the Constitution of India.
- The court directed the first respondent to sanction the family pension to the petitioner, and the 3rd respondent to take steps to disburse family pension every month to the petitioner without fail.
Recent Developments
The High Court of Madras has upheld the right of the petitioner to the family income and clarified that in similar instance, wherein such pension is the only means of sustenance for the individual, the authorities must pay attention to the humanitarian concern rather than on the procedural technicalities.
The Principal Accountant General has been directed to accept the proposal forwarded by the District Forest Officer. The Treasury officer is directed to ensure the distribution of the family pension every month to the petitioner without fail, as soon as the order sanctioning the same is received.
Conclusion
In essence, Madras High Court’s ruling reinforces the principle that pension is a rightful entitlement, not a discretionary grant, especially for mentally disabled dependents of deceased government servants. By prioritizing humanitarian concerns over procedural formalities, the Court has taken a progressive step toward ensuring dignity, support, and justice for vulnerable individuals.
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WRITTEN BY AYANA THERESA XAVIER
