Letters Patent Appeal No. 688 of 2010

Anant S. Dave, J.—The appellant-Bank has preferred this appeal under Clause 15 of Letters Patent against the judgment delivered in Special Civil Application No. 14196 of 2005 on 16.2.2010 by learned Single Judge, by which, the writ petition filed by respondent herein came to be partly allowed.

2. The short facts to be considered in this appeal are as under:

2.1. The husband of the original petitioner was serving with the Indian Railways and died on 17.5.1992 and thereafter the Office of Financial Advisor and Chief Accounts, Western Railway, Bhavnagar Division, issued Pension Payment Orders including family pension in accordance with pension Rules. That, as per the prevailing Rules, payment of invalid pension was to be paid @ 875/- + relief Rs. 155/-, total Rs. 1012/- (Rupees One Thousand and Twelve Only) w.e.f. the date following the death of the petitioner’s husband for a period of seven years or till attaining the age of 65 whichever is earlier and thereafter pension at the rate of Rs. 450/- + relief was to be paid till the petitioner’s death or remarriage whichever is earlier. The above Pension Payment Order (disbursement portion) was c