Judgment :- 1.The prayer in the writ petition is to quash the orders dated 13.12.2011 and 10.7.2012 passed by the fifth respondent and direct the respondents to grant disabled persons' pension (or) handicapped pension to the petitioner i.e. C. Rajamani S/o. Late Chinna Muthu. 2. This writ petition is filed on behalf of the petitioner by his brother C. Saravanan contending that the petitioner is mentally affected to the extent of 65% and aged 46 years and he is residing along with his mother. Respondents 1 and 3 had issued Disability Certificate by issuing a pass book to the petitioner indicating that the petitioner's mental illness is 65%. The petitioner submitted an application to the fifth respondent on 21.6.2010 seeking handicapped pension as per G.O.Ms.No.31, Disabled Persons Welfare Department, dated 28.6.2010. The said application was verified by the revenue authorities, who recommended for sanction of disabled pension to the petitioner. However, the said request was rejected on the ground that the petitioner's mother is getting pension and that the petitioner is having landed property. 3. The learned counsel for the petitioner submitted that the income limit mentioned earlier was removed by the Government through G.O.Ms.No.31, Disabled Persons Welfare Department, dated 28.6.2010 from the financial year 2010-2011 onwards and therefore the petitioner is entitled to get Physical Disability Pension. Petitioner again submitted an application, which was rejected by saying that the petitioner being a mentally disabled person, he is not coming within the category of 'Physically Disabled Person'. The said issue is clarified by the Deputy Director of State Commissionerate for Physically Disabled Persons, through his proceedings dated 10.8.2012 stating that if a person is mentally disabled, he is entitled to get Physical Disability Pension. The learned counsel further submitted that The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 also defines that physical disability includes mental illness and therefore, the petitioner is entitled to get Physical Disability Pension at the rate of Rs.1,000/- per month as on today. 4. The learned Government Advocate appearing for the respondents, on the basis of the counter affidavit, submitted that the petitioner is not eligible to get the benefits under the Scheme as no one has been appointed as Guardian for the lunatic person under the Mental Health Act, 1987, by the District Court or High Court. 4. The learned Government Advocate appearing for the respondents, on the basis of the counter affidavit, submitted that the petitioner is not eligible to get the benefits under the Scheme as no one has been appointed as Guardian for the lunatic person under the Mental Health Act, 1987, by the District Court or High Court. The learned Government Advocate reiterated the reasons stated in the impugned orders and submitted that the petitioner's brothers Saravanan and Senthilkumar are Government employees and the petitioner's mother is receiving family pension of Rs.7000/-per month, of which petitioner is entitled to half share as per G.O.Ms.No.158, Finance (Pension) Department, dated 15.3.1988. 5. The learned counsel appearing for the petitioner replied that even if the petitioner is getting any other income, in view of G.O.Ms.No.31 dated 28.6.2012, there cannot be any income limit for getting Physical Disability Pension. 6. Considering the said submission and having regard to the Certificate issued by the District Disabled Rehabilitation Officer, Salem, and in the light of the G.O.Ms.No.31 dated 28.6.2010 removing the income limit, the impugned orders cannot be sustained. Hence, the impugned orders are set aside and the fifth respondent is directed to sanction Physical Disability Pension to the petitioner, who is having 65% mental illness, within a period of three months from the date of receipt of a copy of this order. 7. The learned counsel for the petitioner submits that the petitioner's brother, namely, C. Saravanan has already filed an Original Petition before the District Court, Salem, for appointing him as Guardian and he will claim the Physical Disability Pension on behalf of the petitioner, after getting orders in the said OP already filed in the District Court, Salem. 8. In view of the said submission, the brother of the petitioner C. Saravanan is permitted to get Physical Disability Pension on behalf of the petitioner, after getting orders in the OP already filed before the District Court, Salem. The writ petition is ordered with the above directions. No costs.