JUDGEMENT
JAYANTA KUMAR BISWAS,J. -
(1.) The petitioner in this WP under Article 226 dated March 29, 2010 is seeking the following principal relief:
"(a) A writ and/or order/orders and/or directions in the nature of Mandamus, directing the respondents particularly the Director of School Education, West Bengal (Secondary) and District Inspector of Schools (SE) Hooghly to make payment of Pension, Gratuity, Provident Fund and other retirement benefits and payment of illegal deduction of 15 days salary of each month w.e.f. 1.3.05 to 31.5.2006 with compound interest since 01.6.2006;"
(2.) Case revealed by the WP is this. The petitioner was appointed in Rishra Vidyapith (Unit-II), Rishra, Hooghly as an Assistant Teacher on April 1, 1981. The District Inspector of Schools provisionally approved his appointment with effect from January 1, 1983. Under a resolution dated March 10, 2005 the Managing Committee directed deduction of 40 per cent of his monthly salary for adjusting excess medical leave. Protesting he submitted an application dated May 18, 2005 to the District Inspector of Schools. He retired from service on May 31, 2006. By a letter dated June 26, 2006 the Headmaster of the institute informed him that no paper was available for preparing and completing his pension papers, and asked him to supply necessary documents. By a letter dated June 29, 2006 the District Inspector of Schools asked him to submit necessary documents for preparation of his pension papers.
(3.) There is nothing to show that the petitioner submitted documents in terms of the letter of the Headmaster and the District Inspector of Schools. His counsel submits that though all documents were submitted at the time the petitioner was appointed, the respondents failed and neglected to prepare and complete the pension papers. His further submission is that the Managing Committee directed the deduction wrongfully.;
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