Kerala High Court Suggests 78-Year-Old To Approach DLSA For Financial Assistance Due To State's Inability To Disburse Pension Arrears

The Kerala High Court on Friday granted liberty to the 78-year-old Mariyakutty who is waging a legal battle for disbursal of five months of her widow pension arrears, to approach the District Legal Services Authority or other such authorities, in case she required any urgent financial assistance. 

Mariyakutty had approached the Court stating that she was 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 added 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.

Special Government Pleader T.B. Hood informed the Single Judge Bench of Justice Devan Ramachandran today that the present financial condition of the State Government was not conducive to honour its financial commitments under the Indira Gandhi National Widow Pension, under which Mariyakutty was seeking relief.

The counsel impressed upon the Court that the State Government was disbursing a total of five Pension Schemes, comprising more than 45 Lakh beneficiaries, and entailing a monthly outlay of Rs. 660 Crores, as well as 16 Welfare Fund Board Pension Schemes comprising 5,66,549 beneficiaries requiring Rs.89 Crores or more every month. He submitted that since the schemes were not statutory, the State Government would be able to pay the same only subject to the availability of funds, which was not possible presently. 

The State thus told the Court today that the payout of the Schemes, including that covering the petitioner would be made when it can, but did not commit to any definite time frame for the same. 

Taking note that the factual circumstances presented a 'piquant situation' for the Court, Justice Ramachandran observed, 

"This Court could have certainly considered grant of relief to the petitioner alone because, the amount involved – including the arrears - would only be less than Rs.5,000/-, by a conservative estimate. But, as Sri.T.B.Hood rightly said, this would be uncharitable to the thousands of others who have not been able to come to this Court and who may perhaps never be able to do so because of their precarious fiscal scenario, since no citizen would be persuaded to initiate legal action, when they are struggling for food, medicines and such other basic amenities".

The Court lamented the unfortunate issue, as it could not issue any interim order to the Government to pay the petitioner the arrears or the current pension, under the Scheme. 

It is under these circumstances that the Court suggested the petitioner approach the DLSA in case any financial assistance was required. 

At this juncture, Central Government Counsel R.V. Sreejith submitted that the Central Government would also be in a position to help the petitioner if required. 

"This is recorded, and I leave liberty to the petitioner to seek any such clarification if required, because, whether the money comes from the Government of Kerala or the Central Government, it is invaluable for the petitioner, who says that she depends upon it for her very survival," the Court stated in this regard. 

Justice Ramachandran also orally remarked today that he would not be partaking in any Christmas festivities when there were people like Mariyakutty in distress. 

The matter has been posted for further consideration on January 10, 2024. 

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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