Jayanta Kumar Biswas, J. - (1.) -The petitioner is seeking a mandamus directing the respondents to disburse his retiral benefits including pension with interest at the rate of eighteen per cent per annum.
(2.) He was an assistant teacher in Uttarbar High School, Purba Medinipur. On reaching the age of superannuation he retired from service on October 31 st, 2002. Alleging that his retiral benefits were not paid by the respondents he took out this writ petition on July 18th, 2005. The questions for decision are whether he is entitled to get pension, and whether he is entitled to get interest on any other benefit that became payable to him on his retirement.
(3.) He has claimed that in terms of Government order No. 136 - Edn. (B) dated May 15th, 1985 (read with Government order No. 296(5) Edn. (B) dated October 7th, 1985), he submitted the requisite option for switching over from contributory provident fund scheme to pension-cum-gratuity scheme on December 31 st, 1985. His further claim is that on June 28th, 2004 he refunded the employer's share of provident fund contributions for the period from April 1st, 1987 to March 31st, 2004. He has claimed that his pension papers were submitted by the teacher in charge of the institute under cover of his letter dated March 19th, 2004.;