Sambuddha Chakrabarti, J. - (1.) By this petition, the petitioner has inter alia prayed for a writ in the nature of mandamus commanding the respondents to release the post retiral dues, i.e., gratuity and leave encashment to the petitioner along with interest, the maximum allowances and perks as provided in the terms and conditions of the appointment retrospectively from the date of assumption of the office of the Director (Finance) by the petitioner till the date of superannuation on June 1, 2013 and for other ancillary reliefs.
(2.) The case of the petitioner in short is that pursuant to an application made by the petitioner for the post of Director (Finance) of National Jute Manufactures' Corporation Limited (NJMC, for short) i.e., the respondent no. 1. The petitioner was appointed to the post and he assumed the charge with effect from May 26, 2010.
(3.) The petitioner rendered continuous service from the date of his initial appointment on October 24, 1983 till he retired from service as Director (Finance) on May 31, 2013. After his retirement, the petitioner received the approval of the terms and conditions of his appointment as Director (Finance) of the respondent no. 1 company from the Ministry of Textile, Jute Export Section. As per Clause 1.12 of the terms and conditions of the appointment the petitioner is entitled to other allowances and perks subject to maximum ceiling of 50% of the basic pay as indicated in two earlier office orders, which would be decided by the Board of Directors. Because of the delayed receipt of the approval of the terms and conditions of the appointment the matter could not be placed before the Board of Directors during the tenure of service of the petitioner. By a letter dated June 3/17, 2013, the petitioner demanded release of retiral dues including payment towards gratuity and leave encashment from the respondent no. 1 company. But apart from the provident fund, he has not received any retiral dues.;