Partha Sarthy, J.—The instant appeal has been preferred against the order dated 12.8.2015 passed in CWJC No. 21526 of 2011 whereby the learned Single Judge was pleased to dismiss the writ application. The sole appellant having died during pendency of the instant appeal on 1.6.2023, was substituted in the case by his widow.

2. The writ petitioner-appellant filed CWJC No. 21526 of 2011 for the following reliefs:—

“I. For issuance of writ of certiorari quashing and setting aside the letter of communication bearing No.CZ/114/Gaya/104667/84-FF Bihar dated 29.04.2011 (Annexure-9) issued under the seal and signature of Respondent no.4 whereby and whereunder the said respondent instead of restoration of petitioner's freedom fighters samman pension (herein after referred to as "Samman Pension") and instead of compliance of the Hon'ble High Court's order dated 07.12.2010 passed in C.W.J.C. No. 16626 of 2009 has cancelled the Samman Pension Sanctioned to the petitioner w.e.f. 1.8.1980 in a most arbitrary and illegal manner and the said cancellation of Samman pension has been communicated by the impugned letter to the Accountant General (A&E)-1, Bihar and Jharkhand, P.O. Doranda, Ranchi and a copy of the same has been forwarded to the petitioner as well as the respondent state of Bihar for necessary action.

II. For issuance of appropriate writ (s) particularly writ in the nature of mandamus commanding upon the respondents to take every necessary steps for restoration of petitioner's Samman Pension which was earlier sanctioned to him w.e.f. 1.8.1980 but subsequently suspended and ultimately cancelled on false and frivolous grounds in utter defiance of earlier order of this Hon'ble Court.

III. For issuance of appropriate writ(s) particularly writ in the nature of mandamus commanding upon the respondents to pay the petitioner's his arrears of Samman pension since the year 2001 and commence his regular current Samman Pension with interest and cost on account of stoppage of Samman Pension on false and frivolous grounds.

IV. Any other relief /relief (s) as deem find fit and proper.”

3. The case of the writ petitioner-original appellant in brief is that having remained underground for the period from August, 1942 to 1946 during the freedom struggle he applied for Samman Pension and on recommendation of his case by the State Government, the Union of India vide letter dated 8.9.1987 granted him pension with effect from 1.8.1980. He was regularly getting pension till the year 2001 when pursuant to an order of this Court dated 14.11.2002 in CWC No. 10638 of 2001 and analogous cases, the State Government was directed to inquire, examine and submit a report to the Government of India. It is submitted that though a report as contained in letter dated 8.8.2006 was submitted by the Home (Special) Department, Government of Bihar in favour of the appellant however, the same could not be traced. In the meantime, on an estimation of the age of the appellant and others by a medical board, the payment of the Samman Pension to the appellant and others had been stopped. It is the case of the original appellant that on an application filed by him under the RTI Act, it transpires that the State Government’s letter giving an opinion in favour of the appellant was untraceable. This finally led to the appellant filing of CWJC No.16626 of 2009 which was disposed of by this Court by order dated 7.12.2010 directing the appellant to file representation before the Union of India along with the enquiry reports. The Union of India was directed to cross check and verify the correctness of the report and to take a final decision on the issue of freedom fighter pension to the appellant within three months. Learned counsel for the appellant submits that on a representation having been filed by the appellant, by order contained in letter dated 29.4.2011 of the Under Secretary, Ministry of Home Affairs, Government of India the pension sanctioned in favour of the appellant was cancelled