KAMALA BALA JANA Vs. UNION OF INDIA & ORS
LAWS(CAL)-2018-1-197
HIGH COURT OF CALCUTTA
Decided on January 29,2018

Kamala Bala Jana Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Rajasekhar Mantha, J. - (1.) This appeal is directed against judgment and order dated 16th March, 2017 passed in W.P.6817(W) of 2017. By the said order, the learned Single Judge rejected the writ petition as he found no ground to interfere with an administrative order passed by the Union of India rejecting the writ petitioner's husband's claim for pension under Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter '1980 Scheme'). The claim was of one, Gostha Behari Jana, the late husband of the writ petitioner/Appellant claimant under the said Scheme. The said claim has been tested before this Court in as many as five writ petitions.
(2.) The first of the writ petitions was W.P.1539(W) of 1998. In the said proceeding, the appellant's husband challenged inaction on the part of the Union of India in considering his case for pension despite a Non-Availability of the Record Certificate, and supported by a Personal Knowledge Certificate (PKC). The original PKC issued by one Rabindra Nath Giri dated 12th August, 1981 was misplaced at the end of the State Government. Therefore, a duplicate PKC was issued on 15th August, 1986 and submitted to the Government of West Bengal.
(3.) The State Government, thereafter on 15th September, 1989, recommended the Appellant's husband's case under 1980 Scheme. Despite whereof, the Central Government did not consider the case for pension. W.P.1539(W) of 1998 was disposed of by a Single Judge vide his order dated 5th June, 1998. The Union of India was directed to consider the appellant's husband's case for pension.;


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