Tapabrata Chakraborty, J. - (1.) The instant appeal has been preferred challenging an order dated 30th July, 2015 passed by the learned Single Judge in WP 16696 (W) of 2015. The said writ petition was preferred by the appellant herein challenging, inter alia, an order dated 19th February, 2015 passed by the respondent no.4 rejecting the petitioner's prayer for grant of family pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the said Scheme) formerly known as Freedom Fighter's Scheme, 1972.
(2.) Shorn of unnecessary details the facts are that one Narayan Das Mohanta, a freedom fighter, was granted pension under the said Scheme on 6th July, 1987. His first wife Smt. Santipriya Das Mohanta expired on 28th January, 2003. Thereafter, he married the appellant on 15th May, 2006. The appellant was earlier married to one Achinta Biswas but on 27th July, 2002 the said marriage was dissolved on the basis of a mutual divorce petition. Narayan Das Mohanta expired on 16th December, 2007. The appellant within six months thereafter applied for family pension on 27th March, 2008. Subsequent thereto, Niharendu Das Mohanta, son of Late Narayan Das Mohanta preferred a Title Suit No.116 of 2008 seeking a declaration that no marriage took place on 15th May, 2006 between his father and the appellant and that the marriage certificate was false and fabricated and he sought for a permanent injunction to restrain the appellant from withdrawing any pension amount from the State. Upon contested hearing the said suit was dismissed by a judgment dated 31st August, 2012. The said judgment was challenged in a Title Appeal No.92 of 2012 by Niharendu and upon contested hearing the said appeal was also dismissed by a judgment dated 19th March, 2013. After dismissal of the appeal the appellant renewed her prayer for grant of family pension by submitting a representation on 8th January, 2013 and such claim was ultimately rejected by an order dated 19th February, 2015 passed by the respondent no.4.
(3.) Mr. Chattopadhyay, learned advocate appearing for the appellant/writ petitioner submits that the appellant's application for grant of family pension submitted on 27th March, 2008 could not have been rejected on the basis of the Guidelines for disbursement of Central Samman Pensions (hereinafter referred to as the said Guidelines) which came into effect from 6th August, 2014.;