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Calcutta High Court · body

2010 DIGILAW 1004 (CAL)

Nirmala Guria v. Ranibala Guria

2010-08-17

B.BHATTACHARYA, J.N.PATEL

body2010
JUDGMENT 1. HEARD the learned Counsel for the parties. The respondent No. 8 in the writ petition has preferred this appeal as the State Government stopped payment of freedom fighter's pension to the appellant due to passing of the impugned order. 2. THE order impugned does not prevent the appellant from getting freedom fighter's pension from the State of West Bengal and therefore, there is no reason to stop payment of pension to the appellant/petitioner if the appellant/petitioner was otherwise getting pension from the State Government before the impugned order came to be passed. However, in the event it is found that the appellant/original respondent No. 8 was not entitled for pension, she will be liable to refund the same with interest to be determined by the Court at appropriate stage. The State Government is directed to release the arrears pension of the appellant within a period of one month from today and conclude to pay pension regularly as and when due. 3. THE learned Counsel appearing for the Central Government states that pursuant to the orders of the Court, Central Government has already conducted an enquiry and found that the appellant's husband i.e. Krishnapada Guria, since deceased, was the real freedom fighter and entitled for Central Government pension. In view of the above nothing survives in the appeal, therefore, the appeal and application for stay are disposed of by treating the appeal as on day's list by consent of the parties.