The main legal point established in the judgment is that an OCI card holder, who is a French National and an Opthon, is entitled to the benefits under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and the Agreed Process-Verbal, despite the provisions of Section 7B of the Citizenship Act, 1955 and the Notification dated 04.03.2021.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus, calling for the records on the file of the 1st Respondent relating to the order in No.10557/DRDM/Sr.Citizen/B3/2018 dated 03.06.2019 passed by the 2nd Respondent and quash the same and consequently allow the appeal before the Respondent No.1.)

This writ petition has been filed by a super senior citizen, seeking a writ of certiorarified mandamus calling for, and quashing an order on the file of the District Collector-cum-Appellate Authority, dated 03.06.2019 passed by the Special Officer, Department of Revenue and Disaster Management, Puducherry holding that he is ineligible to claim protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short ‘Welfare Act’).

2. I had on 04.03.2022 heard the parties in brief and had crystallised the issue arising in the writ petition as follows:

An interesting question has been raised in this writ petition as to the entitlement of a holder of an Overseas Citizenship of India (OCI) card to the benefits under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petitioner claims entitlement by virtue of the provisions of Section 7(B) of the Citizenship Act, 1955 pointing out that an OCI card holder is disentitled only to specific rights enumerated under Clauses(a) to (i) of Section 7(B)(2).

2. Per contra, Mr.C.T.Ramesh, learned Additional Government Pleader appearing for the official respondents/R1 & R2 draws attention to the same provision of the Citizenship Act as aforesaid stating that the entitlement of an OCI card holder would only be in regard to any rights as the Central Government may, by Notification in the Official Gazette, grant.

3. In addition, he refers to the provisions of Section 2(h) of the 2007 Act pointing out that it is only a senior citizen who is a ‘Citizen of India’ who is entitled to the benefits under the Act.

4. Since the Centre is a necessary party in the matter, the Secretary to Government, Ministry of Home Affairs, New Delhi is impleaded suo moto as respondent in this writ petition.

5. Mr.V.Chandrasekaran, learned Senior Panel Counsel accepts notice for newly impleaded R8 and seeks two weeks to obtain instructions in this regard and file a counter.

6. Since the petitioner was aged 75 years in 2019 itself, it is imperative that a resolution/answer be found at the very earliest to the legal issue raised. Final opportunity of two weeks is granted to file counter. List on 21.03.2022.’

3. Pursuant thereto, a clarification has been obtained from the Government of India, Ministry of Home Affairs dated 17.03.2022. They rely on Section 7 B (1) of the Citizenship Act, 1955 (in short Citizenship Act) and Notification issued in terms thereof, dated 04.03.2021. Specific reference is made to clause (5) of the aforesaid notification, the relevant portion of which is extracted below:

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 4th March, 2021

S.O.1050(E).-In exercise of the powers conferred by sub-section (1) of section 7B of the Citizenship Act, 1955 (57 of 1955) and in supersession of the notification of the Government of India in the Ministry of Home Affairs published in the Official Gazette vide number S.O.542(E), dated the 11th April, 2005 and the notifications of the Government of India in the erstwhile Ministry of Overseas Indian Affairs published in the Official Gazette vide numbers S.O. 12(E), dated the 5th January, 2007 and S.O. 36(E), dated the 5th January, 2009, except as respect things done or omitted to be done before such supersession, the Central Government hereby specifies the following rights to which an Overseas Citizen of India Cardholder (hereinafter referred to as the OCI cardholder) shall be entitled, with effect from the date of publication