The Uttarakhand High Court has passed an order dated 29th August 2018 on the issue of aadhaar cards to disabled persons.
The case of the petitioner was that disabled persons are facing difficulty to get disability pension as they could not get Aadhaar Cards due to disability.
The High Court directed the District Magistrate, Almora, to ensure that the Aadhaar Cards of the disabled persons are prepared within three days from today.
It was also directed that the disability pension shall be released within seven days along with arrears.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
WRIT PETITION (PIL) NO. 112 OF 2018
Laxman Singh Negi ……….Petitioner.
Vs.
State of Uttarakhand and others. ……..Respondents
Mr. Paresh Tripathi, Chief Standing Counsel for the State of Uttarakhand / respondents.
JUDGMENT
Coram: Hon’ble Rajiv Sharma, ACJ.
Hon’ble Manoj Kumar Tiwari, J.
Dated: 29th August, 2018
Rajiv Sharma, ACJ (Oral)
The petitioner has highlighted the grievance of the persons, details of whom have been given in the letter addressed to this Court. We have taken suo motu cognizance of the same. The case of the petitioner is that the persons mentioned in the letter are facing difficulty to get disability pension as they could not get Aadhaar Cards due to disability.
2. It is a sensitive matter. It is a fit case where the principle of lex non cogit ed impossibilia applies, which means that the law does not enforce impossibilities. The approach of the entire machinery should be humane and it should evolve a process itself taking into consideration the difficulties faced by the disabled persons.
3. Accordingly, the District Magistrate, Almora is directed to ensure that the Aadhaar Cards of the persons as mentioned by the petitioner in the petition are prepared within three days from today and, thereafter, respondent no. 2 shall release the disability pension to them within seven days along with arrears.
4. The writ petition stands disposed of accordingly.
5. We place on record our appreciation for the petitioner for highlighting the case of helpless people.
6. Let certified copy of this order be issued today itself.
(Manoj Kumar Tiwari, J.) (Rajiv Sharma, ACJ.)
29.08.2018