Old Age Pension Cannot Be Denied To Individuals Cared For By Relatives: Madras High Court Grants Relief To 83-Year-Old Man

The Madras High Court granted relief to an 83-year-old man by directing authorities to pay him an old age pension. The Madurai bench of the Court stated that such a pension cannot be denied simply because the elderly person is receiving care from his relatives. The man had applied for an old age pension under the government’s Indira Gandhi National Old Age Pension Scheme in 2023, but the authorities refused his application saying that his grandsons were taking care of him.

The man, P Chinnakalai from Theni district, then petitioned the matter. In response to this, the government's council argued that an old age pension is available under the scheme only to destitute individuals.

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The Court's Observation:

The court observed that even if the petitioner is not destitute, it does not mean his grandsons are caring for him. It was also noted that a thorough inquiry regarding the applicant's financial situation was not conducted in the case, as per media reports. The court advised the authorities to exercise due diligence, carry out proper inquiries, and ascertain the applicant's financial status before making a decision to reject the application.

The court also highlighted that there could be elderly who are residing with relatives but they may not be taken care of or not financially supported by them. Even in some instances, children may not be taking care of their elderly parents, so the proper inquiry is essential.

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The underlined point is that the authorities must establish an applicant’s financial standing and not try to establish that relatives are taking care of such a person.    

The judge also said that there is no specific condition in the scheme that says that the benefits are not available to the persons taken care of by the relatives. And even if grandchildren or relatives take care of a person, such person may still need financial support for medical needs or other incidental expenses.

The Court Order:

The court quashed the rejection order and granted the old man a pension effective January 2025.   

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What Is Indira Gandhi National Old Age Pension (IGNOPS)?

Indira Gandhi National Old Age Pension Scheme (IGNOPS) was renamed and formally launched in November 2007. Earlier it was known as the National Old Age Pension Scheme. The scheme is one of the five schemes under the government’s National Social Assistance Programme (NSAP).

The scheme provides pensions to people living below the poverty line (BPL). Those who are aged between 60 and 79 years are eligible to receive Rs 200 per month, while those aged 80 years and above can receive Rs 500 per month. Additionally, state governments can contribute over and above this amount. Any citizen of India who is 60 years or older and lives below the poverty line can apply for this pension.