The Madras High Court has ruled that pension is a right, not a form of charity. The bench, led by Justice G.R. Swaminathan and Justice K. Rajasekar, stated that authorities must act quickly while granting pensions to mentally disabled individuals. The Court linked pension to Article 21 of the Constitution, calling it a fundamental right. The Court emphasized that under Rule 54(6) of the CCS (Pension) Rules, sons or daughters with mental disabilities are eligible for family pension, even after turning 25. A medical certificate from a civil surgeon is enough to prove the disability. The authorities cannot demand an income certificate. The Court also said pension sanctions must happen without delay once valid documents are submitted. This direction came during an appeal by the Principal Accountant General, which the Court dismissed after compliance.
The Court also highlighted a case where the daughter of a former High Court judge was denied pension for over a year, despite submission of documents. The Registrar General was asked to ensure speedy disbursal. The Court’s ruling ensures that disabled dependents receive pensions promptly and without unnecessary hurdles.
