'Every Citizen A VIP': Kerala HC Asks State Govt About Time Limit For Disbursing 5-Month Pension Arrears To 78 Y/O Widow

The Kerala High Court on Thursday directed the State Government to inform the Court as to the time within which five months of arrears of widow pension due to 78-year-old (named Mariyakutty) could be disbursed. 

Taking note of the submission of Government Pleader Vidya Kuriakose that the State was undergoing a financial crisis and was unable to pay Mariyakutty and other similarly situated persons, the Single Judge Bench of Justice Devan Ramachandran orally noted, 

"I accept your problem that Govt has no money to pay. My question is this – who will take care of this citizen?.....On one side is the Government which can garner resources and I see that the Government is spending resources for various other things. And on the other side is a person who says she has nothing else to live. How do I weigh the scales? How do I get that scale equal? Sitting here, this is the problem I face. I am expected and enjoined by the Constitution to stand with our citizens. Simple. Please pay her. There is no other way. She has to live. Or you take care of her medical bills and food so that she can survive this Christmas".

Mariyakutty had averred in her plea that she is a beneficiary under the Indira Gandhi National Widow Pension Scheme and that she had no land in her name, and was also unable to work due to her advanced age and related ailments. She stated that her only source of income was the monthly widow pension of Rs. 1,600/- which had not been disbursed to her for the past five months now, and which she depended upon for buying medicines, food, and other essentials. 

Mariyakutty submitted that although she had filed representation before the State Government for the disbursal of the pension arrears, no steps had been initiated by the latter in that regard. 

It is in such circumstances that she approached the High Court with her plea.

The Court today was of the considered opinion that the petitioner was a 'VIP' for the Court, and that it was concerned about her well-being. 

"This is a case of social engineering; it is not a case where an ordinary person is before me. The person who is before me is a VIP. Shes a 78 year old lady. For this court, she is a VIP. Shes an important person as far as citizenry is concerned...Every citizen is a VIP. Particularly a lady of this age. Maybe there are several others also like her," it orally added. 

The Government Pleader today informed the Court that the Central Government share for the pension from April to August 2023 had not yet been received, which added to the State Government's financial plight, due to which the latter had been able to disburse pension amount only till August 2023. 

The Court thus directed the Central Government Counsel to obtain instructions on the afore submission made by the Government Pleader, with the corollary direction to the State to when the entire pensionary benefits of the petitioner would be paid off in full. 

"I hope that the respondents will keep in mind that this is the Christmas season when communities are in festivities, and it would be rather unfortunate if persons like the petitioner who is in an advanced age, and requiring medical aid, according to her, is left without any moorings and support," it added, while issuing the afore directions. 

The matter has been posted for further consideration tomorrow. 

The plea has been moved through Advocates A.A. Shibi, Pratheesh Prabha, Manjusha K.U., and Gayathri A.L. 

Case Title: Mariyakutty v. Union of India 

Case Number: WP(C) 42861/ 2023

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