(1.) The prayer in the writ petition is to quash the orders dated 13.12.2011 and 10.7.2012 passed by the fifth respondent and direct the respondents to grant disabled persons' pension (or) handicapped pension to the petitioner i.e. C.Rajamani S/o.Late Chinna Muthu.
(2.) This writ petition is filed on behalf of the petitioner by his brother C.Saravanan contending that the petitioner is mentally affected to the extent of 65% and aged 46 years and he is residing along with his mother. Respondents 1 and 3 had issued Disability Certificate by issuing a pass book to the petitioner indicating that the petitioner's mental illness is 65%. The petitioner submitted an application to the fifth respondent on 21.6.2010 seeking handicapped pension as per G.O.Ms.No.31, Disabled Persons Welfare Department, dated 28.6.2010. The said application was verified by the revenue authorities, who recommended for sanction of disabled pension to the petitioner. However, the said request was rejected on the ground that the petitioner's mother is getting pension and that the petitioner is having landed property.
(3.) The learned counsel for the petitioner submitted that the income limit mentioned earlier was removed by the Government through G.O.Ms.No.31, Disabled Persons Welfare Department, dated 28.6.2010 from the financial year 2010-2011 onwards and therefore the petitioner is entitled to get Physical Disability Pension. Petitioner again submitted an application, which was rejected by saying that the petitioner being a mentally disabled person, he is not coming within the category of 'Physically Disabled Person'. The said issue is clarified by the Deputy Director of State Commissionerate for Physically Disabled Persons, through his proceedings dated 10.8.2012 stating that if a person is mentally disabled, he is entitled to get Physical Disability Pension. The learned counsel further submitted 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 is entitled to get Physical Disability Pension at the rate of Rs.1,000/- per month as on today.