Arunabha Basu, J. - (1.) This appeal is directed against the judgment and order passed by learned Single Judge in connection with W.P. No. 7934 (W) of 2000 whereby and whereunder the learned Single Judge vide judgment and order dated 26.4.2005 while disposing the writ petition, issued certain, directions.
(2.) The Appellant/writ Petitioner in the application filed under Article 226 of the Constitution contended that the husband of the Appellant (since deceased) submitted an application for freedom fighters pension and the same was forwarded to the Central Government after due recommendation by the Government of West Bengal. The decision of the Central Government was communicated by Under Secretary to the Government of India vide communication dated 26.4.1991 whereby the husband of the Appellant was intimated about the decision to grant of Samman pension with effect from 13.8.1981. By the said communication, husband of the Appellant was directed to furnish certain documents and the same were duly furnished by the said husband of the Appellant. Thereafter, vide another letter dated 8.11.1991 the husband of the Appellant was requested to furnish attested copies of the documents and the same was also complied with. Even thereafter, the husband of the Appellant was not granted Samman pension in terms of the communication dated 26.4.1991. A writ petition being CO. 1523 (W) of 1993 was filed before this Hon'ble Court by the husband of the Appellant (since deceased) and vide order dated 16.5.1995 direction was issued to the Central Government by the learned Single Judge for taking effective steps for payment of the pension as per letter of sanction issued by the Government of India. After receiving the direction, Under Secretary to the Government of India vide letter dated 19.1.1996 communicated to the Pay & Accounts Officer (Pension & Misc.), Ministry of Home Affairs about the sanction of the provisional pension in favour of the husband, of the Appellant with effect from 13.8.1981. In the said communication', which is marked as annexure P3 of the writ petition, it was also mentioned that the Appellant being the spouse, will be entitled to family pension in the event the freedom fighter predeceased the spouse. Pay & Accounts Officer (Pension & Misc.), Ministry of Home Affairs, further issued a communication dated 13.3.1996 intimating that the pension amount payable to the husband of the Appellant was released in favour of the concerned bank, namely Punjab National Bank, P.O. Srirampur, District - Midnapore for payment/ disbursement of the pension to the husband of the Appellant.
(3.) The said husband of the Appellant met with an unfortunate death due to street accident and m terms of the earlier communication dated 19.1.1996, Appellant being the spouse was entitled to enjoy family pension amounting to Rs. 1500/ - per month. The Appellant was granted family pension amounting to Rs. 1500/ - for few months but thereafter suddenly the concerned Bank refused to pay family pension including arrears of pension which was not disbursed to her deceased husband. The Appellant submitted representation but no action was taken either for releasing the monthly family pension to the said Appellant or for payment of arrears amount of pension payable to the husband as well as to the said Appellant.;