R.M. Ramachandran vs State Of Kerala
2021 Latest Caselaw 20454 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                             WP(C) NO. 16071 OF 2021
PETITIONER:

              R.M. RAMACHANDRAN
              AGED 65 YEARS
              S/O. KANNAN NAIR, RAYAROTH HOUSE, KAYALOOR, POST
              CHAVASSERY, MATTANNUR MUNICIPALITY, KANNUR DISTRICT -
              670702.

              BY ADVS.
              GEORGE SEBASTIAN
              PHILIA KOSHY



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF LOCAL
              SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.

     2        THE DIRECTOR OF PANCHAYATH
              THIRUVANANTHAPURAM, PIN - 695001.

     3        THE MATTANNUR MUNICIPALITY
              REPRESENTED BY ITS SECRETARY, MATTANUR, KANNUR DISTRICT,
              PIN - 673001.

     4        THE SECRETARY
              MATTANUR MUNICIPALITY, MATTANUR, KANNUR DISTRICT, PIN -
              673001.

              BY ADV P.V.ANOOP
              BY SMT.MABLE C. KURIAN, SR. GOVT. PLEADER



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN,        J.
             = = = = = = = = = = = =       = = = = = =
                  W. P. (C) No.16071       of 2021
             = = = = = = = = = = = =       = = = = = =
           Dated this the 1st day of       October, 2021

                         J U D G M E N T

The petitioner, aged 65 years, suffers from 80%

physical (visual) disability. The same is revealed from

Ext.P1 Medical Certificate. The grievance of the

petitioner is that though he is eligible for old age

pension under the Indira Gandhi National Old Age Pension

Scheme, it is not being granted to him.

2. The pension is disbursed on the recommendations

of the local authority. Ext.P4 is the application

submitted by the petitioner before the third respondent

claiming sanction of pension. Clause 3(ii) in Ext.P8

Government Order prescribes for the eligibility of the

petitioner under the scheme, since he is suffering from

physical disability.

3. The writ petition is disposed of directing the

third respondent-Municipality to consider Ext.P4 in the W. P. (C) No.16071 of 2021

light of clause 3(ii) in Ext.P8 Government Order and

take a decision thereon. The decision shall be intimated

to the second respondent who is the Nodal Officer under

the scheme for disbursement within two months from

today. On the petitioner being recommended, the second

respondent shall cause the disbursement to be made

within a further period of one month thereafter.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 16071/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25.11.2006 ISSUED FROM DISTRICT HOSPITAL KANNUR SHOWING HIS PHYSICAL DISABILITY.

Exhibit P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE PASSBOOK CUM IDENTITY CARD ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE INFORMATION WITH RESPECT TO SOCIAL WELFARE PENSION PUBLISHED IN THE WEBSITE OF THE GOVERNMENT OF KERALA.

Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 21.07.2016 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 29.07.2016.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 20.07.2018 IN WP(C) NO.19252/2018.

Exhibit P7 A TRUE COPY OF THE INFORMATION DATED 12.05.2017 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE ORDER DATED 6.7.2018 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P9 A TRUE COPY OF THE ORDER DATED 26.11.2018 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P10 TRUE COPY OF THE RECEIPT DATED 7.7.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P11 TRUE COPY OF THE REPLY DATED 19.07.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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