Shampa Sarkar, J. - (1.) This writ petition has been filed challenging the order dated February 8, 2018 passed by the West Bengal Administrative Tribunal in an Original Application being no. 1008 of 2017.
(2.) By the aforementioned order the original application was dismissed as being not maintainable under the Administrative Tribunals Act as, in the opinion of the learned Tribunal the application did not fulfil the conditions of Section 21 of the Administrative Tribunals Act. The original application was filed before the Tribunal by the writ petitioner, inter alia, for a direction upon the Central Bank of India, Belgachia Branch, (hereinafter referred to as the said 'Bank') to stop the recovery of excess payment of family pension paid to the writ petitioner as the wife of a deceased Government employee by deducting 1/3rd amount from the amount payable.
(3.) The petitioner's husband retired on January 31, 2001 as an Inspector of the Office of the Director of the Department of DDP and Supply, Government of West Bengal and breathed his last on January 5, 2004 at the age of 62 years. The pension payment order of the deceased was issued on November 26, 2001 and the pension was sanctioned on July 20, 2001. A monthly pension was sanctioned to the tune of Rs.3825/- which was regularly paid to her late husband. In the pension payment order dated July 22, 2001, it has been stated that, in the event of the death of the deceased employee, family pension to the tune of Rs.3825/- per month would be paid to the petitioner from the day following the death of the Prasanta Kumar Chandra till expiry of 7 years or on the completion of the 65 years, had the retiree further survived, whichever is earlier and thereafter at the rate of Rs.2295/- per month.;