Mr. Rakesh Kumar Jain, J.:- Satwant Rai S/o Bhagwan Dass was killed by the terrorists on 16.02.1992 during the disturbances in the State of Punjab. FIR No.18 dated 16.02.1992, under Sections 302, 307 IPC, 25/54/59 of the Arms Act and 3, 4 & 5 of the TADA Act was registered at Police Station Nakodar, District Jalandhar. The petitioner was granted Rs.50,000/- on 24.02.1992 as legal heir of deceased Satwant Rai, out of which Rs.20,000/- was paid by way of cheque and the NSCs of the remaining amount of Rs.30,000/- were issued to the petitioner against receipt. The husband of the petitioner made a representation that except Rs.50,000/-, neither subsistence allowance nor any job has been offered. It was found by the respondents that apart from payment of Rs.50,000/- towards ex-gratia payment, a sum of Rs.50,000/-, as enhanced grant, was paid in the form of Indira Vikas Patras in the year 1996. The deceased Satwant Rai was also survived by his two brothers, namely, Paramjit Singh and Kamaljit Singh. Paramjit Singh applied for a job which was declined as per the government instructions vide order dated 08.12.2011 and the subsequent application filed by Kamaljit Singh for grant of job was also rejected on 22.08.2014. It is also an admitted fact that the petitioner submitted an application on 21.03.2014 to the Sub Divisional Magistrate, Phillaur for pension. The matter was referred to the Deputy Commissioner, Jalandhar on 27.03.2014 for appropriate orders and the Deputy Commissioner, vide his letter dated 03.04.2014, sent the case for taking action for grant of financial assistance as per the eligibility conditions laid down in the Government notification No.8/259/90-RRII/ 10778 dated 10.05.1990. The case of the petitioner for grant of subsistence allowance was considered and she has been granted subsistence allowance vide order dated 07.04.2014. The petitioner was asked to submit her bank account number and after the bank account number was disclosed by the petitioner, the subsistence allowance in the shape of pension amounting to Rs.5,000/- was released w.e.f. 12.03.2014 regularly.

2. During the course of hearing, the Court had passed the order dated 31.03.2015, which is reproduced as under:-

“Counsel for the respondents prays for an adjournment to seek instructions with regard to the grant of arrears of the pension which the petitioner would be entitled to at least from the date of initial application which she had made to the respondents for the release of the benefit.

Adjourned to 07.09.2015 for further consideration.

Affidavit be filed within a period of eight weeks with an advance copy to the counsel for the petitioner.”

3. In compliance of the aforesaid order, it is alleged that husband of the petitioner had submitted an application for grant of benefit of pension which was received in the office of the SDM, Phillaur, vide Diary No.3845 dated 08.11.2011. The respondents had assessed the arrears from 08.11.2011 to the tune of Rs.1,38,045/- and the said amount has been transferred by the District Treasury Officer, Phillaur, as arrears of pension, in the account of the petitioner bearing No.33784800613 of the State Bank of India, Phillaur on 18.05.2015.

4. Although there is no such prayer in the writ petition that the subsistence allowance should have been paid from the date of death of Satwant Rai but during the course of hearing, counsel for the petitioner has argued in that direction and has relied upon a Division Bench judgment of this Court rendered in the case of Saroj Kundra vs. State of Punjab and others, 1996(2) S.C.T. 260.

5. On the other hand, counsel for the respondents has submitted that whatever has been due to the petitioner, has been paid as the application was filed by the petitioner on 21.03.2014 for the grant of subsistence allowance but still the case of the petitioner has been considered by the respondents with effect from the date when the application by her husband was filed on 08.11.2011 and the arre