VALMIKI J. MEHTA, J.

1. By this writ petition under Article 226 of the Constitution of India, petitioner Mrs. Shobha Kaur, widow of the late employee Sh. Prithvi Paul Singh, seeks the relief for being granted pension to her late husband and also consequent family pension to the petitioner. Petitioner also prayed that petitioner be granted interest on account of late payment of the terminal benefits.

2. The facts of the case are that the petitioner’s husband was granted leave to visit USA in the year 1991. The leave was up to 24.12.1991 whereafter the petitioner’s husband returned to India but again went back to USA on 19.2.1992 on the ground that petitioner’s mother had suffered a fracture in her hip bone. Petitioner’s husband thus went to USA on 19.2.1992 without getting any leave sanctioned and the petitioner claims that the leave applications were “mercilessly rejected” by the employer vide letters dated 20.4.1992 and 2.6.1992. Petitioner then pleads that petitioner’s husband submitted his resignation to the bank on 23.10.1992 and petitioner’s husband thereafter kept on waiting for his terminal benefits but no intimation was received by the petitioner’s husband of non-acceptance of his resignation. The petitioner’s husband thereafter was removed from service vide order dated 15.3.1996 on account of continuous unauthorized absence from the office. Petitioner in this writ petition has pleaded that the petitioner’s husband never came to know of the order of removal from services dated 15.3.1996. Petitioner further pleads that the pension scheme came into force by the respondent no. 1/employer/Central Bank of India in 1995 and petitioner’s husband was never informed that he should exercise his option for pension. With these averments the writ petition has been filed seeking the following reliefs:-

“PRAYER

In view of the above said facts and circumstances of the case the petitioner humbly prays that this Hon’ble court may kindly be pleased to issue an appropriate writ in favour of the petitioner and:

(A) the Petitioner be awarded Pension for her Husband from the first date of its implementation, as the same shall be subsequent to the deemed date of acceptance (of his Resignation dated 23.10.1992), the same being 23.01.1993 i.e. 3 months after the date of his Resignation dated 23.10.1992 in view of Hon’ble Supreme Court’s order in Civil Appeal Nos. of 2014 & SLP (C) No. 36909 of 2012, passed on 17.12.2014 in the case of Shashi Kala Devi vs. Central Bank of India & Others, as against his eligibility to earn Pension from the date of his normal Superannuation on 30.11.2000, as per Ground (ii) as above, as the same is certainly be more beneficial to the Petitioner.

(B) That in addition to the Pension as above under (A), the petitioner be paid encashment of Ordinary Leave standing to petitioner’s husband’s credit on 24.12.1991, as no Leave has been allowed & debited after the said date.

(C) That in addition to (A) & (B) in view of the Gross violation of its own Rules & Regulations, the Bank be directed to pay interest at Fixed Deposit rates on delayed payments of Terminal Benefits & also on amount payable due to encashment of leave to his credit as on 24.12.1991 i.e. the date after which he was treated on loss of pay, along with interest on amounts due under Pension payable to him from the date of its implementation.

(D) As the Petitioner’s Husband has expired on 14.02.2016, the Petitioner in addition to above reliefs is also entitled to Family Pension from the date of the death of her Husband i.e. from 14.02.2016.

(E) The respondent may also be directed to pay the consequential benefits along with interests thereon at the rate of fixed deposit since due date and till the realization to the petitioner.

(F) Any other order or relief which the Hon’ble Court deems fit and proper may also be passed in favour of the Petitioner for whic