Kerala govt has to prioritise requirements of money: HC

The state government, which has been claiming to be in extreme financial crisis, was on Thursday told by the Kerala High Court to “prioritise” the requirements of money.

The suggestion by Justice Devan Ramachandran came while hearing the plea of a 78-year-old woman — Mariyakutty — who has knocked on the court’s doors claiming non receipt of the pension she was entitled to from the government for several months.

The government, while not opposing Mariyakutty’s entitlement to pension, told the court that it was in “extreme financial crisis” and unable to garner the resources to pay her and hundreds of others like her.

It said that it was able to release the pension only till the month of August 2023 and claimed that the central share for the pension from April to August 2023 has not yet been received, which too was adding to its financial burden.

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The High Court, however, said that it cannot be lost sight of that the petitioner was a 78-year-old woman who was surviving solely on the meagre Rs 1,600 pension she was receiving from the government.

“Even if the financial crisis projected by the state is accepted, a larger question presents as to how the petitioner can survive without the pension, being incapacitated to have access to proper food or medicine.

“The government must certainly prioritize the requirements of money and must give good thought to this because, a senior citizen like the petitioner is certainly a Very Important Person, whose requirements cannot be disregarded, particularly when the season of Christmas has already dawned,” the court said.

Justice Ramachandran said that whatever be the fiscal difficulties of the government, unless it was able to inform how senior citizens like Mariyakutty would be provided for, the court can only stand with such persons “as per the constitutional imperatives and requirements”.

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At the same time, the court also said that if the state government’s assertions were true, then the Centre too has to answer how these senior citizens would be provided for.

The court listed the matter for further hearing on Friday by when the lawyer for the central government has to come with instructions with regard to the state government’s claim that central share for the pension from April to August 2023 has not yet been received.

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The state government was asked to inform the court by when the entire pensionary benefits of the petitioner will be paid off in full.

“I hope that respondents will keep in mind that this is the Christmas season, when citizens are in festivities, with the government also promoting it through various programmes;..

“.. and it will be rather unfortunate that, if persons like the petitioner who is in advanced age and, according to her, requiring medical aid are left without any moorings and support,” Justice Ramachandran said.

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