Case Note & Summary
The petitioner, aged 83 years and below the poverty line, applied for old age pension under the Indira Gandhi National Old Age Pension Scheme. The first respondent rejected his application on 19.01.2023 based on a report from the second respondent stating that the petitioner's wife is already receiving old age pension and that the petitioner is being looked after by his grandsons. The petitioner challenged this rejection by filing a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. The court heard the learned counsel for the petitioner, Mr. M. Jerin Mathew, and the learned Government Advocate for the first respondent, Mr. M. Senthil Ayyanar. The court perused the materials and found that the reasons for rejection were not valid criteria under the scheme. The court noted that the scheme is intended for individuals below the poverty line and of eligible age, and the petitioner, being 83 years old and below poverty line, is entitled to the pension. The court held that the rejection based on the wife's pension and grandsons' care was irrelevant and illegal. Consequently, the court quashed the impugned proceedings dated 29.7.2023 and directed the respondents to disburse the old age pension with arrears and interest within a stipulated period.
Headnote
A) Social Welfare - Old Age Pension - Eligibility Criteria - Indira Gandhi National Old Age Pension Scheme - The court considered whether the rejection of an old age pension application on the grounds that the applicant's wife is already receiving pension and that he is being looked after by his grandsons is valid. Held that such grounds are not valid criteria for rejection under the scheme, as the scheme is intended for individuals below the poverty line and aged 60/65 years, and the petitioner being 83 years old and below poverty line is entitled to the pension. (Paras 3-5)
Issue of Consideration
Whether the rejection of old age pension application on the grounds that the petitioner's wife is already receiving pension and that he is being looked after by his grandsons is legally sustainable.
Final Decision
The impugned proceedings dated 29.7.2023 are quashed. The respondents are directed to disburse the old age pension with arrears and with interest within a period stipulated by the court.
Law Points
- Old age pension eligibility
- Indira Gandhi National Old Age Pension Scheme
- rejection based on irrelevant considerations
- right to social security
