I.P.MUKERJI,J. - (1.) The writ petitioner was an employee of the West Bengal State Co-operative Bank. He has long retired. He has been paid nearly all his retirement benefits. But according to him, he is entitled to three months full pay in lieu of preparatory to retirement leave, which has not been paid.
(2.) This co-operative Bank has service rules. These are annexed to the writ petition being annexure 'P-3' at page 24. Paragraph 21 of these service conditions are material, which are reproduced below: "21. Leave admissible to employees shall be of eight kind, viz: I) Casual II) Privilege III) Medical IV) Preparatory to retirement V) Maternity VI) Special leave against future accumulations VII) Quarantine VIII) Compensatory"
(3.) Paragraphs 26 and 30 are also made which are reproduced below: "26. An employee having rendered at leave 15 years of service with the Bank shall be entitled to a leave of 3 months with full pay preparatory to retirement. If such leave is refused in the interest of the bank's business, he shall be entitled to 3 months' leave with full pay with effect from the date of his retirement." "30. No leave shall be claimed as a matter of right, excepting leave preparatory to retirement. No staff shall go on leave without previous sanction of the same. The Management shall, however, inform the incumbent about refusal of leave as far as possible.";