The Kerala High Court stated that the implementation of citizen’s benefit scheme is the forefront fundamental duty of the State government.
- The writ petition challenging the non-disbursement of amount under the Family benefit scheme.
- The petitioner is 60-year aged old women, entailed to receive the amount under the scheme. But she did not receive any payments from the government.
- The Counsel for the State government said that the default is on the side of Central government.
- The Counsel for Central government stated that the amount allotted portal faced some technical difficulties.
The Court observed that the portal was in default on the issuance of payments to the beneficiaries and the raised the question that “Is the portal issue resolved or not?” or “How much time it takes to resolves the problem?”
The Court directed the Central government to obtain guidance from the assistant commissioner of the concerned department to rectify the default in the system.
Justice Devan Ramachandran stated that the petitioner is the eligible person to get the allotted amount under the Family benefit scheme and held that the said payments has been authorised and the government of Kerala had the right to seek reimbursement of the amount from the central government.
The High Court highlighted that the government had its fundamental duty to ensure that citizens are granted their benefits without any delay.
CASE NAME: Arifa PK V. State of Kerala
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University., INTERN UNDER LEGAL VIDHIYA.
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