LAWS(KER)-2018-2-88

SHOUKATHALI K S/O KUDERESKUTTY HAJI Vs. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT

Decided On February 05, 2018
Shoukathali K S/O Kudereskutty Haji Appellant
V/S
State Of Kerala Represented By Chief Secretary Government Secretariat Respondents

JUDGEMENT

(1.) The writ petition has been filed as a public interest litigation and the main complaint urged is that acting upon the direction issued by the Government of Kerala, the Local Self Government Institutions are not accepting applications for Social Security Pension Scheme introduced by the Government.

(2.) A statement has been filed on behalf of the third respondent, which shows that there are 42, 65, 863 beneficiaries of Social Security Pension in the State. There are also One Lakh beneficiaries of Welfare Fund Board Pension. The State says that the monthly financial commitment in this regard comes to be over 500 Crores. According to the State, this number is far in excess of the number of beneficiaries indicated in the census and in view of the exorbitant increase in the number of beneficiaries, the State has undertaken the process of software updation to identify the real beneficiaries and to exclude the ineligible ones. This process, the learned Government Pleader says, will take a period of six months. In the meantime, according to the Government, the Local Self Government Institutions are free to accept applications for the benefit of the Scheme, but, however, its approval and posting in the website will have to await the software updation. The State having introduced the Scheme, is also bound to ensure that the benefit of the Social Security Schemes reach only deserving hands. When they find that ineligible persons are also enjoying the benefit of the scheme at public expense, they are entitled to take remedial steps as well. Therefore, the software updation, a remedial step taken by the Government, cannot be faulted. However, at the same time, the petitioners and others are at liberty to approach the Local Self Government institutions and submit their applications.