LAWS(CAL)-2010-8-120

NIRMALA GURIA Vs. RANIBALA GURIA

Decided On August 17, 2010
NIRMALA GURIA Appellant
V/S
RANIBALA GURIA Respondents

JUDGEMENT

(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.

(3.) 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.