Cannot ask State to treat visually impaired at par with differently abled persons for purpose of pension: Madras High Court

The Madras High Court on Monday refused to interfere with the Tamil Nadu government's separate pension schemes for the visually impaired, and for other persons with disabilities [Nethrodaya v. State of Tamil Nadu]..A Bench of Acting Chief Justice M Duraiswamy and Justice Sundar Mohan, however, directed the State government to address all grievances raised by differently abled persons with respect to pension schemes. .The Court was hearing a Public Interest Litigation (PIL) filed by NGO Nethrodaya seeking directions to the State to increase the monthly pension amount for visually impaired persons from ₹1,000 to ₹1,500, and to transfer the distribution of pension for the visually impaired from the State Social Welfare Department to the Department of Revenue.The Department of Revenue deals with pension schemes for persons with other physical and intellectual disabilities. The PIL said that the visually impaired persons, who are also severely disabled, are not treated at par with persons with other severe disabilities in this regard. It also said that since the pension scheme for the visually impaired was not directly controlled by the Department of Revenue, the process was longer and more tedious, compared to the one for persons with other disabilities..The government, however, submitted that it had never discriminated between any category of persons with disabilities. It said that while the Central government gave a monthly pension of ₹300 to the visually impaired, the State government had increased the amount to 1,000 by adding the extra amount from the state exchequer.It was also submitted that the State had put in place several training and employment schemes for the visually impaired.The other category of severely handicapped persons received a monthly pension of ₹2,000 since persons in such category were ineligible and incapable of public employment or any other type of employment. The State also said that it would deploy revenue department officials at the district level to address the problems being faced by the visually impaired..Accepting the State's submissions, the Court said that visually impaired persons could not be treated at par with differently abled persons who are incapable of any employment."It is also not in dispute that the Differently Abled Persons, who are visually impaired, are entitled to public employment and private employment as well. Therefore, the Differently Abled Visually Impaired Persons cannot be equated with Differently Abled Persons who are ineligible to get any employment on account of the sickness and infirmity suffered by them. The basis adopted by the Respondents to treat them differently cannot be faulted."However, it said that the State must ensure that people with disabilities did not suffer on any account. "The Respondents are directed to strictly adhere to the undertaking given by them before this Court and ensure that no hardship is caused to the Differently Abled Persons for getting the benefits under the Monthly Pension Scheme. It is made clear that the Differently Abled Persons shall not be put to sufferings merely because the Monthly Pension Scheme is administered by the Social Welfare Department," the order stated..Advocate AM Venkatakrishnan appeared for the petitioner NGO, while Additional Advocate General S Silambannan, assisted by Advocate R Anitha, appeared for the State authorities..[Read order]