SAMUEL MANOHARAN MENTALLY ILL PERSON Vs. SECRETARY TO GOVERNMENT FINANCE PENSION DEPARTMENT FORT ST GEORGE

JUDGEMENT

(1.) THE petitioner is the guardian and next friend of Samuel Manoharan, a mentally ill person. THE petitioner, who is also the brother of Samuel Manoharan,has filed the present writ petition challenging the order of the second respondent, Accountant General, Chennai dated 23.11.2007 and 14.01.2008 and after setting aside the same, seeks for a direction to pay family pension of Late.Joy Suguna Bai who is having Family Pension Payment Order No. A 600781.

(2.) IT is seen from the record that the petitioner's mother was employed as a Teacher in a middle school and after her retirement, she was receiving pension from the respondents. Unfortunately, the mother of the petitioner passed away on 04.11.2003, leaving behind the petitioner and two others as her legal heirs. Samuel Manoharan is the second son and he was said to be suffering from mental illness for over ten years.

(3.) ON the strength of the decree and judgment passed by the learned Principal District Judge, Vellore, the petitioner has submitted an application and requested to consider his claim for family pension. The second respondent, by his proceedings dated 18.04.2007 informed the petitioner that his request for family pension can be considered only in case of person certified by the medical board is suffering from Chronic Severe Schizophrenia and the disability should have manifested before the individual completed 25 years of age and that he should not be in a position to earn his own livelihood. The petitioner was further informed by the communication dated 23.11.2007 of the second respondent that the decree was obtained by the petitioner from the learned Principal District Judge, in MHOP No. 4 of 2005 without impleading the Accountant General of Tamil Nadu as a party, besides that no positive direction was given by the Court to disburse the pension. It was also stated that there are some discrepancy in the history sheet produced by the petitioner. It was stated that the first attack was on 17.06.1988 when Samuel Manoharan was 17 years old, however, in the legal heir certificate issued by the Tahsildar, Vellore dated 27.11.2003, the age of Samuel Manoharan is mentioned as 47 years. Therefore, according to the second respondent, there are contradiction in the claim made by the petitioner and directed the petitioner to submit supporting documents, including the proof of date of birth of Samuel Manoharan.