JUDGMENT :-

Sudhansu Jyoti Mukhopadhaya, J.

Leave granted.

2. This appeal has been preferred by the appellant against the judgment and order dated 23.04.2012 passed by the Division Bench of High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No. 4736 of 2011. By the impugned judgment and order, the High Court refused to grant pension to the appellant and dismissed the writ petition. Apart from the ground of delay, the High Court dismissed the case on merit on the ground that the resignation in the previous service was not tendered by appellant with prior permission.

3. The appellant was appointed on 21.6.1950 in the Food Department at Dongargaon in District of Durg; the then ‘Madhya Prant Warhad State’ and worked till 20.12.1954. Thereafter, he was appointed as Assistant Master, Upper Division in Normal School at Kondagaon, District Jagdalpur where he functioned between 22.12.1954 and 19.8.1956. Since his posting on 20.8.1956 he worked as Assistant Direct Inspector of School, Nagpur where he continued upto 9.10.1956. Thereafter, he was posted as Superintendant, Chokhamela Hostel, Nagpur from 10.10.1956 to 26.06.1957. Between 29.06.1957 and 30.04.1958 he underwent