Sanction pension to mentally challenged person: Madras High Court #good news

CHENNAI : Coming to the rescue of a mentally affected person who was denied disability pension, the Madras High Court has directed the authority to sanction the pension in three months.

Disposing of a writ petition filed on behalf of him, Justice N. Paul Vasanthakumar concurred with petitioner’s counsel that the mentally affected individual was also entitled to get ‘Physical Disability Pension.’

The Judge also pointed out that the government had removed income limit for receiving such pension.

The writ petition was filed on behalf of C. Rajamani (46) of Jodukuli village in Salem district by his brother C. Saravanan, contending that Rajamani was denied pension even after authorities had issued Disability Certificate stating that he had mental disability to the extent of 65 per cent.

An application, submitted by him to Special Tahsildar, Social Security Scheme, Omalur, on June 28, 2010 seeking grant of pension, was rejected on the ground that his mother was getting pension and that the applicant had landed property.

M.R. Jothimanian, counsel for the petitioner, submitted that the income limit mentioned earlier was removed by the government from the financial year 2010-2011 and therefore the petitioner was entitled to get such pension.
When the petitioner again submitted an application, it was rejected on the ground that being a mentally disabled person, the petitions did not come in the category of ‘Physically Disabled Person.’

The counsel also submitted that the issue was clarified by the Deputy Director of State Commissionerate for Physically Disabled Persons, through his proceedings in 2012 stating that “if a person is mentally disabled, he is also entitled to get Physical Disability Pension.”

The counsel further said that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 also defines that physical disability includes ‘mental illness’ and therefore, the petitioner was entitled to get ‘Physical Disability Pension’ at the rate of Rs.1,000 per month.

After hearing the submissions, Mr. Justice Paul Vasanthakumar said, “Considering the said submission and having regard to the Certificate issued by the District Disabled Rehabilitation Officer, Salem, and in the light of the order dated June 28, 2010 removing the income limit, the impugned orders cannot be sustained.”

Setting aside the impugned orders, the Judge directed the Special Tahsildar to sanction pension to the petitioner within three months.

The court also permitted Mr. Saravanan to get pension on behalf of him, after getting orders in the Original Petition which was already filed in the District Court, Salem for appointing him as a guardian.

source: The hindu