PROTIK PRAKASH BANERJEE,J. - (1.) Affidavit of service filed in Court today be kept on record. The State of West Bengal is represented on service.
(2.) The case of the petitioner is that her husband retired from service in February, 2008 and was paid pension and arrears of pension in terms of the prevalent rules on May 20, 2008. The husband did not seek interest on the arrears. Thereafter the Revision of Pay and Allowances Rules, 2009 came into effect on May 13, 2009. The husband was not given the benefit of the revised pension or arrears calculated on such basis. The husband did not challenge it or apply for revision pension or arrears. At least no such things are mentioned in the petition. The husband thereafter died on Marcy 24, 2011. Only thereafter the respondent no.2 issued a revised pension payment order on December 7, 2012. Actual disbursement was made only on March 30, 2013.
(3.) From the facts aforesaid it is clear that the husband has abandoned his right to get either revised pension or any arrears calculated on that basis and, therefore, naturally, any interest thereon. Had the respondent no.2 not showed mercy by issuing the revised pension payment order, the widow would have continued to get family pension on the basis of the unrevised rules. If the writ petitioner's husband had filed a writ petition during his lifetime seeking the said benefits, the situation would have been different. Once he allowed the authorities to get away without filing such writ petition, I hold that it amount to abandonment of its right. A fresh right in favour of the widow created by the issuance of the revised pension payment order by the second respondent which was not within the period of three years from the date of which the ROPA, 2009 came into effect and, therefore, it is cannot save the limitation, had it been a case filed before the Civil Court.;