P.K.Mukherjee, J. - (1.) This writ petition was moved by Tarapada Bhattacharjee, Secretary of Panskura I Gram Panchayat, challenging the impugned order dated 21st February, 1989, whereby the Block Development Officer, Panskura I, District Midnapore, purported to terminate the service of the petitioner on attaining the age of 58 years with effect from 30th April, 1989, afternoon, as per the Death-cum-Retirement Benefit Scheme, 1985.
(2.) It is the case of the writ petitioner in the instant writ petition that the petitioner had exercised option addressed to the Director of Panchayat by letter dated September 22, 1988, that the petitioner had exercised option previously before the appropriate authority by his letter dated February 21,1986 and wanted to retire on attaining the age of 58 years as per Scheme 5 of the Death-cum-Retirement Benefit Scheme for the Employees of Panchayats. The said clause 5 runs as follows: "5 (A) (i): Every employee willing to come under the, scheme wilt have to exercise option in the prescribed form as per Annexure I within 90 days from the date of issue of notice by, Head of Office immediately after circulation of the scheme. Provided that in the case of an employee who is on leave or on deputation or on Foreign Service or under suspension on the date of issue of the notice in this regard, the said option shall be exercised not later than 90 days of the date of his return from such leave, deputation, foreign service, or on resumption of duty after suspension, as the case may be. (ii) If the option is not exercised by any individual employee within the time limit referred to above, it will be deemed that he has not opted for coming under the scheme. (iii) An employee who was in service on 1st April, 1981 but could not exercise within the prescribed time limit due to retirement or death shall be deemed to have opted for coming under the scheme provided the benefit of Contributory Provident Fund was not paid to him or to his beneficiaries. (iv) The option once exercised shall be final.
(3.) It may be noted that as per sub-clause (iv) of clause 5 such exercise of option in the scheme was treated to be final, of course before the said exercise of option is accepted finally by the respondent authorities.;