State's Fundamental Duty To Ensure Citizens' Benefits Aren't Delayed: Kerala HC Orders Govt To Disburse Payment Under National Family Benefit Scheme

The Kerala High Court has directed the State government to disburse the eligible amount under National Family Benefit Scheme to a woman nearing 60 years age, stating that it is the State's fundamental duty to ensure that citizens are granted their benefits without any delay. 

“I am persuaded to issue this direction because, it is conceded unequivocally that the sanction for the said payment has already been authorised,” a single judge bench of Justice Devan Ramachandran said.

The petitioner submitted the plea after failing to receive the amount under the scheme.

The counsel for the State government had argued that the sanction for disbursement of the eligible amounts had been issued but hadn't been disbursed yet because they were unable to access the NSAP-PPS portal, which is operated by the Central government.

The court had earlier directed the counsel for the central government to obtain instructions from the assistant commissioner as to why the technical issue in the NSAP-PPS portal hadn't been resolved.

“Governments cannot enter into blame game with each other because it is their fundamental duty to ensure that citizens are granted their benefits without delay” observed the court.

The court allowed the writ petition, stating that “the Government of Kerala can always invoke their remedies against the Government of India appropriately and seek reimbursement of the amounts as are eligible to them; but it cannot delay the payment of benefits to its citizens ad infinitum for this reason.”

Counsel for Petitioners: Advocate MR Jayaprasad

Counsel for Respondents: Advocates Gireesh Kumar and Sunil Kumar Kuriakose

Case Title: Arifa PK v. State of Kerala

Case Number: WP(C) No. 16642 of 2023

Citation: 2024 LiveLaw (Ker) 123

Click here to read/download the order