Jayanta Kumar Biswas, J. - (1.) The petitioner was the headmaster of Lokepara Higher Secondary School, Birbhum. He retired on January 31st, 2000. He has taken out this writ petition dated August 18th, 2006 for a mandamus directing the respondents to pay him pension including family pension-cum-gratuity, by accepting his revised option in terms of Government order No. 496-EDN (B) dated December 16th, 1991.
(2.) There is nothing to show that any cause of action has arisen in recent years, entitling the petitioner to approach the writ court. He is relying on a letter of the District Inspector of schools dated September 27th, 2001 to the director of School education stating that revised options exercised by the members of the staff of the school in terms of Government order dated December 16th, 1991 for pensions were not implemented by the school authority till 1997. The case of the petitioner is that for the fault of the school authority he cannot be made to suffer.
(3.) I have no doubt in my mind that this is an utterly frivolous writ petition. The petitioner was appointed headmaster in the school with effect from November 7th, 1987. Thus, according to the management rules, he was a part of the school authority. He is therefore not entitled to say that for the fault of the school authority he cannot be made to suffer. He was working in the school as assistant headmaster from August 1st, 1969. According to the relevant rules he exercised his option in 1985 in favour of contributory provident fund-cum-gratuity. By the Government order dated December 16th, 1991 person like the petitioner were given an opportunity of changing their options from contributory provident fund to pension and family pension.;