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Judgment
Sathish Ninan, J
Aggrieved by the non-grant of old age pension, the petitioner is before this Court.
Applications were filed by the petitioner and his wife for grant of old age pension. The applications were originally rejected by the authorities for the reason that the two sons of the petitioner are Government servants. Appeals were preferred challenging the said order. As per Ext.P4, the District Collector interfered with the order and directed the applications to be reconsidered for the reason that both the sons are married.
Pursuant to Ext.P4 order, the application filed by the wife of the petitioner for grant of pension was sanctioned. However, as per Ext.P5 order, the Panchayat rejected the petitioner's application for the reason that, the petitioner is receiving pension from the Fishermen's Welfare Board and that, as per GO(Ms) No.241/2018 dated 06/07/2018, a person is not eligible for more than one pension.
The rejection of the petitioner's application by the Panchayat was challenged before the District Collector. The District Collector, as per Ext.P6, sought for a report from the Panchayat. The Panchayat again, as per Ext.P7, reiterated the disqualification of the petitioner with reference to the Government Order mentioned supra namely, the ineligibility to receive more than one pension. It is further mentioned by the Panchayat that sanction of more than one pension cannot be entered / updated in the software for the purpose. It is aggrieved thereby that the petitioner is before this Court.
Heard the learned counsel for the petitioner, the learned standing counsel for the Panchayat as also the learned Government Pleader.
The learned Government Pleader has placed on record GO(Ms).No.483/2017 dated 06/11/2017 which was relied on by the Panchayat to decline the pension. Clause (vii) of the Government Order stipulates that, applicants after 06/02/2017 shall be entitled for only one pension; either the Welfare Board Pension or the Social Security Pension. The petitioner's application was in the year 2015. Therefore, the Panchayat was not right in having failed to consider the petitioner's application relying on the said Government order. The petitioner's application being prior to the cut off date (06/02/2017), the petitioner is eligible for the pension.
In the light of the above, it is declared that the petitioner is eligible for the Social Security Pension notwithstanding the fact that he is receiving pension under the Fishermen's Welfare Board. The 3rd respondent shall pass appropriate orders sanctioning pension. As regards the inability pointed out by the 3rd respondent to make necessary entries in the software, the same shall be taken up by him with the 1st respondent or the concerned authority within one month from today. On such request being received, the 1st respondent shall cause necessary rectifications/modifications to be made enabling the relevant entries to be made regarding sanction of pension to the petitioner.
The writ petition is ordered as above.