PRATAP KUMAR RAY, J.

(1) HEARD the learned Advocates appearing for the parties.

(2) CHALLENGING the judgment and order dated 14th July, 2005 passed in W. P. No. 9888 (W) of 2005, this application has been filed by the State of West Bengal.

(3) BY the impugned judgment under appeal the learned trial Court directed to pay interest @ 10% per annum on the retirement benefit with effect from the date of deemed retirement, namely, August 31, 1994.

(4) THE factual matrix of the writ application was very short.

(5) THE petitioner admittedly opted for revised pay scale and benefit under the pension including family pension-cum-gratuity in terms of Government Memo No. 136-Edn (B) dated 15th May, 1985 by filing option on 25th June, 1990. As the petitioner opted the revised pay scale, he was legally responsible to retire from service at the age of 60 years being a condition of grant of such revised pay scale as introduced by ropa 1990. But it is an admitted position that the petitioner worked till 31st August, 1995 though he reached the age of 60 years on 31st August, 1994. Earlier the petitioner was covered under contributory provident fund scheme prior to his filing option on 25