- (1.) The petitioner in this WP under article 226 dated November 19, 2008 is seeking the following principal relief: a) A writ of and/or in the nature of Mandamus commanding the respondents, each one of them their men, servants, agents and/or subordinate to refund the amount of Rs. 1,24,570/- recovered vide Memo No. 869/S dated 4.2.2004 being annexure "P-1" herein, to the petitioner along with the interest @ 18% per annum forthwith; The petitioner was a secondary school teacher. On reaching the age of superannuation she was to retire from service on May 31, 2004. The provisions of the West Bengal Recognised Non-Government Educational Institutions Employees (Death-cum-Retirement) Benefit--Scheme, 1981 were applicable to her.
(2.) The District Inspector of Schools, Howrah was the petitioner's pension sanctioning authority. According to the procedure laid down in the scheme her pension papers were to be submitted one year in advance of the date of her anticipated retirement. All concerned were to follow the procedure laid down by an Order of the Budget Branch of the School Education Department of the Government of West Bengal No. 88/SE(B)/EES/OIB/IM-9/98 dated May 26, 1998.
(3.) Presumably, following the procedures laid down by the provisions of the Scheme and the Government Order, the head of the institute prepared the petitioner's pension papers and submitted them to the District Inspector of Schools. On the basis of the sole document produced by the fifth respondent with his opposition dated December 14, 2011 it can be said that the pension papers were signed by the petitioner on November 18, 2002.;