LAWS(MAD)-2018-7-493

PARAMAGURU Vs. DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT

Decided On July 18, 2018
PARAMAGURU Appellant
V/S
DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT Respondents

JUDGEMENT

(1.) The petitioner, who is aged about 81 years, was a recipient of old age pension extended by the third respondent, through his letter dated 25.09.2010, granting a sum of Rs. 1,000/- (Rupees one thousand only) per month. Subsequently, his old age pension came to be stopped by the third respondent from 13.11.2017 based on the report of the Village Administrative Officer stating that the petitioner has six sons and one daughter and among them, three sons were working in Private Companies in Chennai and the daughter was working in the Judicial Department. When the stoppage of old age pension came to be challenged by the petitioner herein in W.P.(MD) No.408 of 2018, this Court by an order, dated 23.01.2018, had set aside the order passed by the third respondent and remanded back the matter for fresh consideration. Consequently, the present impugned order, dated 28.03.2018 came to be passed rejecting the petitioner's claim for old age pension on the ground that the petitioner's five sons are working in Private Companies in Chennai and his daughter is employed in the Judicial Department. The impugned order further states that the petitioner is being maintained by his daughter, who gives him food and incidental help and based on the petitioner's statement, his request for old age pension came to be rejected. Challenging the same, the present writ petition has been filed.

(2.) The learned counsel for the petitioner submitted that the petitioner, being 81 years of age, is also affected by leprosy, owing to which, his children, including the daughter, had abandoned and neglected him. He is unable to take three meals a day and is also suffering from various age-old diseases. According to the learned counsel for the petitioner, the petitioner does not have any independent income and it is false to say that the petitioner's daughter is taking care of him. As such, the learned counsel for the petitioner submitted that the petitioner is entitled to the entire arrears as well as the continuation of old age pension.

(3.) The learned Additional Government Pleader for the respondents, by relying upon the Social Security Pension Scheme submitted that as per the Scheme, a person would be entitled for old age pension, if he has no income, fixed assets valuing less than Rs. 50,000/- and no relative above the age of 20 years.