PRATAP KUMAR RAY, J. ( 1 ) HEARD learned Advocates appearing for the parties. ( 2 ) LEAVE is granted to the petitioner to add a prayer in view of the subsequent event of retirement from service praying for necessary post retirement benefits. ( 3 ) STATE Government has not filed any affidavit controverting the grievance as made by the petitioner. The District Primary School Council has filed an affidavit contending, inter alia, that it is not their liability to pay the arrear salaries as due as well as any post retirement benefit. In this writ application, the petitioner has accordingly prayed for payment of all arrear salaries as well as post retirement benefit for which leave has already been granted. ( 4 ) THE factual matrix of this case is that, the petitioner was appointed in the post of Head Teacher of a pre-basic (Nursery) school in terms of the approval of appointment issued by the Director of Pubic instructions, West Bengal, under memo No. 3761/scp/ (ll)/4s-585/62 dated 13. 9. 65. Her date of joining was 1. 1. 63 in the school named as Vivekananda Jana siksha Kendra Pre-Basic School. The petitioner's service thereafter was transferred by the Director of School Education, West Bengal, by his memo no. 2839-SG/p dated 22. 8. 84 to Nagendra Smriti Siksha Niketan Pre-Basic school, Barrackpore, by posting her in the post of Assistant Teacher in the normal vacancy. The petitioner joined in that post. Ultimately pre-basic school concept was intended to be abolished by the State of West Bengal and a circular letter dated 29. 6/7. 7. 92 was issued by the State of West Bengal addressed to the Director of School Education (PE), West Bengal to this effect :"the undersigned is directed to say that with a view to maintaining uniform system of education of the Primary Level it has been tentatively decided that all the Pre-Basic Schools in the State should be abolished at the earliest. The teachers of the existing pre-basic schools may be transferred to the nearby pry-schools, where necessary, against suitable vacancies. The Matrons and the Group 'd' employees may be absorbed in neighbouring secondary schools or other similar Institutions. The District Inspector of Schools (PE) will implement the scheme gradually after prior consultation with the concerned Dist. Primary School council. The teachers of the existing pre-basic schools may be transferred to the nearby pry-schools, where necessary, against suitable vacancies. The Matrons and the Group 'd' employees may be absorbed in neighbouring secondary schools or other similar Institutions. The District Inspector of Schools (PE) will implement the scheme gradually after prior consultation with the concerned Dist. Primary School council. He is, therefore, requested to prepare a scheme on the above line and submit the same to this Department immediately for a final decision in the matter. " ( 5 ) SUBSEQUENT thereto a circular letter was issued by the Deputy secretary, Government of West Bengal, Education Department, Primary branch, being memo No. 629-Edn. (P) dated 29. 6/7. 7. 92 by declaring abolition of pre-basic schools in West Bengal. By this circular letter it was contended that the existing teaching staff of the pre-basic schools would be transferred to the nearby primary schools where necessary, against suitable vacancies and other staff, namely, Matrons and Group 'd' employees would be absorbed in neighbouring secondary schools or other similar institutions. All the District Inspector of Schools (PE) were directed to implement the scheme gradually after prior consultation with the concerned District Primary school Council. In this memo, the service conditions of the teaching staff were protected by contending to this effect :"however, the services of teaching and non-teaching staff in all pre-Basic Schools in the district being placed at the disposal of the president, District School/chairman, District Primary School Council with immediate effect for due deployment of their services. The present arrangement of payment to the teaching and non-teaching staff will, however, not to be disturbed and the present arrangement of payment ' through office will continue until further order. " ( 6 ) DIFFERENT writ applications were moved by different parties, namely, teaching staff of such pre-basic schools assailing the Government decision to abolish pre-basic schools and ultimately the matter reached to the appeal court. " ( 6 ) DIFFERENT writ applications were moved by different parties, namely, teaching staff of such pre-basic schools assailing the Government decision to abolish pre-basic schools and ultimately the matter reached to the appeal court. A Division Bench of this Court presided over by Satya Brata Sinha, J, (as His Lordship then was, now elevated as Judge Supreme Court of India) on hearing the appeals being F. M. A. T No. 3418 of 1993 and F. M. A. T. No. 1350 of 1993 quashed the Government circular letters as well as implementation of the decision of the District Primary School Council by holding, inter alia, that the intention to abolish the pre-basic schools is unconstitutional. This judgment was delivered on 20. 3. 98 which is annexed in the writ application at page 31. From the judgment it further appears that the Division Bench held that the Primary School Council has no liability in the matter of payment of salary and others since pre-basic schools are not coming within the statutory provision of West Bengal Primary Education Act, 1973. In view of such judgment as delivered on 30. 3. 98, and the earlier order as passed restraining the effect of such Government order of abolition of pre-basic schools, the petitioner and others identically placed teaching and non-teaching staff continued to function in the respective pre-basic schools as per their appointment. In that view the petitioner also worked in Nagendra Smriti Siksha niketan Pre-Basic School at Barrackpore. Since the petitioner was not paid salaries, allowances and service benefits, this writ application was initially moved with the prayer for necessary direction to the concerned authorities to release salary, allowance and service benefits. By the interim order, this court protected the right of the petitioner directing to make necessary payment of salary: When this writ application is heard, in view of the prayer of the learned Advocate for the petitioner, this Court has granted leave to add a prayer for post retirement benefits and it has accordingly been done. From the factual matrix of the case and the judgment of the Division Bench, accordingly it appears that the Government decision to abolish pre-basic schools was set aside and cancelled by the Division Bench of this Court and no appeal was preferred as it appears from the respective rejoinders of the parties. From the factual matrix of the case and the judgment of the Division Bench, accordingly it appears that the Government decision to abolish pre-basic schools was set aside and cancelled by the Division Bench of this Court and no appeal was preferred as it appears from the respective rejoinders of the parties. Learned Advocate for the respondent has also not urged that the order of the Division Bench has been subsequently set aside and/or quashed by the Apex Court. In that view, existence of the pre-basic school where the petitioner was working is legal and valid and the functioning of the petitioner till superannuation was also legal and valid. Hence, the petitioner is legally entitled to get all salaries, allowances and service benefits including post retirement benefits. The respondents concerned illegally refused to pay the dues of the petitioner. The petitioner was deprived of from enjoying her salary to maintain her livelihood while she was working in the school. The petitioner has already retired from service from the month of November 2000, but as yet post retirement benefits have not been released in terms of her option, as exercised. For deprivation of salary, allowance and service benefit and the post retirement benefits the petitioner is also legally entitled to get interest on the accrued amount. The Apex Court has already settled the legal position about payment of interest under such state of affairs. Reliance may be placed to the judgment of the Constitution Bench of the Apex Court in the case of executive Engineer, Dhenkanol Minor Irrigation Division, Orissa v. M. C. Budharaja (deceased) by legal representatives and Ors. , reported in (2001)2 scc 721 wherein majority speaking through Doraiswamy Raju, J, have opined that "the basis proposition of law that a person deprived of the use of money to which he is legitimately entitled has a right to be compensated for the deprivation by whatever name it may be called, viz. , interest, compensation or damages and this proposition is unmistakable and valid : the efficacy and binding nature of such law cannot be either diminished or whittled down. " relying upon such Constitution Bench judgment the Apex Court further re-echoed the same principle in the case of South Eastern Coalfields Ltd. v. Sfafe of Madhya Pradesh and Ors. , interest, compensation or damages and this proposition is unmistakable and valid : the efficacy and binding nature of such law cannot be either diminished or whittled down. " relying upon such Constitution Bench judgment the Apex Court further re-echoed the same principle in the case of South Eastern Coalfields Ltd. v. Sfafe of Madhya Pradesh and Ors. , reported in 2003 AIR S. C. W. 5258 while dealing with the matter about delay in payment of royalty under Mines and minerals (Regulation and Development) Act (67 of 57 ). Having regard to such legal position, since the petitioner has been deprived of the use of money for which she was entitled, namely, money on account of her salary, allowance, service benefits as well as retirement benefits, the petitioner is entitled to get interest to compensate such deprivation. Such amount is fixed interest at 18% per annum in respect of arrear salary as well as retirement benefits, which have not been paid. The Apex Court has further held that retirement benefits are neither bounty and/or charity in the hands of employers, but it is a deferred payment of the concerned employee who is legitimately entitled to enjoy the same from the next date of retirement. The Apex Court further held that it is a property in the hands of the retiring employee and any deprivation thereof will invite payment of interest. Reliance may be placed to the judgment in the cases of R. Kapoor v. Director of Inspector Income Tax, reported in (1994)6 SCC 589 , Sfafe of Kerala v. M. Padmanavan Nair, reported in (1985)1 SCC 427 , State of Gujarat v. Uma Bhai M. Patel, reported in (2001)3 SCC 314 . The Apex Court further held in the case of U. P. Pollution control Board, reported in (2001)2 SCC 549 that any illegal withholding of money will invite the concerned authorities to pay interest on the said amount. Having regard to such legal position, which is the law of the land in terms of article 141 of the Constitution of India, the aforesaid direction for payment of interest is made by this Court. From the judgment of the Division Bench, it appears that the Primary School Council has no responsibility as the service of the petitioner is not within the statutory provision of West Bengal Primary education Act, 1973, under which Primary School Council was set up. From the judgment of the Division Bench, it appears that the Primary School Council has no responsibility as the service of the petitioner is not within the statutory provision of West Bengal Primary education Act, 1973, under which Primary School Council was set up. Since the petitioner is an appointee by the State through the Office of Director of public Instruction, West Bengal, which post since has been abolished so far as school education is concerned by vesting the power and jurisdiction of director of Public Instruction to Director of School Education, West Bengal, accordingly, the State respondents, including the Director of School Education, west Bengal as well as the Education Secretary and the concerned district Inspector of Schools (PE) are directed to release the petitioner's arrear salaries, including allowances and service benefits as well as post retirement benefits within 3 months from this date, along with interest at 18% per annum on the arrear amounts which is to be counted from the next date when the amount had fallen due so far as arrear salary is concerned, and for post retirement benefits are concerned, from the next date of retirement from service till the date of payment. The writ application is accordingly allowed.