Old Age Pension Cannot Be Denied Due To Family Support
The Madras High Court ruled that the Indira Gandhi National Old Age Pension cannot exclude individuals cared for by relatives. Justice GK Ilanthiraiyan ordered the grant of pension benefits to an 80-year-old petitioner, Chinnakalai, whose application was rejected by the Tehsildar citing care provided by his grandchildren.
Pension Scheme Has No Exclusion Clause for Care by Relatives
The court emphasized that the scheme does not include provisions barring eligibility for individuals cared for by relatives. It ruled that financial assistance for medical and incidental expenses could still be necessary, even when family support is available.
Petitioner’s Application Wrongfully Rejected
Chinnakalai, living below the poverty line, applied for the pension in 2019. The Tehsildar rejected the application based on a report. It stated that Chinnakalai’s wife was receiving a pension and his grandsons were supporting him. The court found that the authorities did not conduct a proper inquiry to determine whether Chinnakalai was destitute or had a source of income.
Court Quashes Tahsildar’s Order
The court ruled that the Firka Inspector’s report lacked due diligence and denied the petitioner a fair opportunity. The rejection order was set aside, and the Tahsildar was directed to grant pension benefits.
