TARAPADA BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(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:

(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.