Kerala High Court Defers Recovery Of Disability Pension From 26-Yr-Old Suffering From 80% Mental Disability For 3 Weeks

The Kerala High Court on Thursday deferred the recovery of the disability pension amounting to Rs. 1,23,900/-  from a 26-year old for a period of 3 weeks. 

Justice Devan Ramachandran also called for the records leading to the issuance of the impugned order by the Bhoothakulam Grama Panchayat directing the return of the disability pension drawn by the 1st petitioner, as well as the denial of the pension and other consequential benefits due to the latter. 

The 1st petitioner was suffering from severe mental disability of 80%. The State government had fixed Rs. 3Lakhs as the annual income limit for a family for the grant of disability pension by virtue of an Order dated July 2013. This was later revised to Rs. 1 Lakh, applicable with effect from April 2014, vide an Order dated July 2013. It was also clarified therein that the benefits drawn by persons pursuant to the earlier Government Order in July 2013 shall not be recovered. 

However, the Grama Panchayat issued an Order directing the petitioners to deposit Rs. 1,23,900/- obtained as Disability pension from September 2010 to September 2020. 

The petitioners submitted that such recovery was illegal, unjust and highly arbitrary. 

The petitioners averred that the respondents failed to see that the modification or stoppage of the pension only had prospective effect, with no scope of recovery. 

It is further stated that the annual ceiling limit for an applicant for disability pension is Rs. 3,600/-, while that of a last grade servant in the year 2023 is Rs. 25,000/-. The petitioners thus also claimed that the respondents were bound to revise the upper income limit for disability pension in proportion with the revision of salary of government employees. 

The petitioners added that the pension being drawn was insufficient to take care of the needs of the 1st petitioner, as well as the medical needs of his father, and that the Order demanding the repayment of the amount was thus violative of Articles 14 and 21 of the Constitution. 

The present plea has thus been moved seeking the two Orders directing recovery of the stipulated amount issued by the Grama Panchayat and that revising the pension to Rs. 1Lakh to be quashed, and to revive the earlier GO fixing Rs. 3Lakhs as the benefits of the disability pension. 

The plea has been moved through Advocates Sajith Kumar V., Vivek A.V., and Ammu M. 

Case Title: Manidas R.S. & Anr. v. State of Kerala & Ors. 

Case Number: W.P.(C) 38082 of 2023