JUDGMENT :

Sashikanta Mishra, J.

The petitioner joined service as Headmaster of Nilakantheswar M.E. School on 31.03.1961. While working as such he suffered from depressive psychosis and remained under treatment from 01.07.1976 continuously. After his recovery, he became physically fit to discharge duties on 02.07.1981 and accordingly he wanted to resume his duties. But the Managing Committee of the School had by then posted another Headmaster in his place, for which the petitioner reported the matter to the District Inspector of Schools, Puri on 02.07.1981, who in turn directed the Managing Committee of the School to accept the joining report of the petitioner. However, no action whosoever was taken by the Managing Committee on such instructions. In the meantime the School was taken over by the State Government in the year 1990-91 and renamed as Nilakantheswar Nodal U.P. School. While the matter stood thus the petitioner attained the age of superannuation on 13.10.1997 and as such, was due to retire from service w.e.f. 31.10.1997. The order of retirement was not issued by the opposite parties in favour of the petitioner. However, the petitioner submitted his pension papers with req