10-DEC-2012
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.
http://www.thehindu.com/news/states/tamil-nadu/sanction-pension-to-mentally-challenged-person-high-court/article4181879.ece
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