Kalyan Jyoti Sengupta, J. - (1.) The petitioner in this matter was a Head Master of a school named Triveni Thermal Dr. B.C. Roy Vidyalaya (hereinafter referred to as the said School). He was appointed by the State Electricity Board, respondent No. 6 herein. He was engaged by a letter of offer dated 2nd July 1968, on various terms and conditions, one of which is relevant for the present petition and is as follows: "Notwithstanding what is stated above, his appointment under the Board will be subject to the provisions of the West Bengal State Electricity Board Employees Service Regulations."
(2.) He accepted such offer of appointment and acted as a Head Master in the said School. During his course of employment, he came to this Court for payment of salary at par with the teaching staff of the schools aided by the Government of West Bengal. His Lordship Mr. Justice Mohitosh Mazumdar (as His Lordship then was) allowed such prayer of parity of pay and further directed amongst other, the terms and conditions covering the G.D.A. scheme shall be applicable to the writ petitioners from the date and hour he came under the scheme, that is from 01.01.1989. The aforesaid judgment and order was not appealed against.
(3.) It is admitted position that the retirement age of all the employees of the Board is 58 years. Accordingly, the respondent No. 6 duly gave notice of retirement to the petitioner by annexure I. Now the petitioner on the strength of the aforesaid direction of His Lordship Mr. Justice Mazumdar is challenging the aforesaid letter of retirement, contending that he is not liable to be retired on completion of 58 years of age, rather 60 years will be his retiring age, as the ROPA Rules 1990 stipulates the retirement age of teaching staff as being 60 years. His further contention is that, he is entitled to all the retirement and terminal benefits treating the aforesaid age of retirement as 60 years.;