Dilip Kr. Basu, J. - (1.) THIS is a type of writ petition in which the petitioner has challenged inaction of the appropriate authorities in the matter of claim of gratuity and other retirement benefits of the petitioner. On 27th September, 1984, a rule was issued and this rule was ready as regards service in terms of office report dated 10th December, 1987, Prayer of the petitioner was very simple, inasmuch as, petitioner, having served the respondent No.4, Sursuna High School, for a period of 35 year's, as a teacher in Sanskrit, was due to retire in the year, 1979, on attaining the age of sixty years but ultimately petitioner's tenure was extended by 2 years. But on 1st October, 1981 petitioner tendered voluntary resignation due to some difficulties in his family.
(2.) PETITIONER after retirement made representation, before appropriate authorities for releasing retirement benefits and ultimately Secretary, Department of Education, Writers' Building that the respondent No.1, by his memo No.C/1074/EMS/83 dated 17/5./1983, informed the petitioner that petitioner's claim was under consideration. Petitioner annexed last pay certificate issued by the respondent No.4 the said High School through the Headmaster from which, it transpires that petitioner had drawn Rs. 805/ - (basic pay Rs. 535/ - towards salary for the month of September, 1981).
(3.) IT appears from the record that on 20th April, 1987, this rule was served on respondent No.3 and 4 and on 17th July, 1987 rule was served upon respondent No. 1 and 2. Though the rule was served by the respondents long before, no return was filed by the respondents. It is only on 8th September, 1988, this court directed District Inspector of School (SE) 24 Parganas i.e. respondent No. 3 to appear with relevant papers and also to submit computation as regards amount payable to petitioner towards provided fund, gratuity and arrears of pension and also to furnish computation calculating interest (312% compounded annually from 1/10/81. The State respondent No.2, 3 was directed to furnish details of steps taken as regards release of retirement benefits and also to produce service book of the petitioner.;