JUDGMENT - THAKKER C.K., C.J.:---Rule. Mr. V.P. Malvankar, Assistant Government Pleader, appears and waives service of rule on behalf of the respondents. In the facts and circumstances, the matter is taken up for final hearing today.

2. This petition is filed by the petitioner for quashing and setting aside an order dated September 29, 2001 directing the respondents to extend benefits of past service to the petitioner and consider all retiral benefits on that basis.

3. It is not in dispute by and between the parties that the petitioner retired as a Director of Arts. He was serving with the Government from December 5, 1994 up to May 31, 1999. It is, however, his case that from August 27, 1967 to December 4, 1994, he had worked in Abhinav Kala Mahavidyalay, an art institution. It was a private but aided art insitution.

4. The service of the petitioner in the said institution had not been taken into account and hence, he was not held entitled to retiral benefits, including pensionary benefits on that basis. He has, therefore, approached this Court.

5. We have heard the learned Counsel for the parties.

6. The learned Counsel for the petitioner contended that the prayer of the petitione

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