1. This petition was heard for admission by this Court on 08-03-2011 when this Court issued notice for final disposal. The matter was adjourned time to time on the request of the Counsel appearing for the parties and on 04-01-2012 the matter is heard finally, however, the same is listed today for dictating the judgment.

2. Rule. Rule made returnable forthwith. With the consent of the parties heard finally.

3. The background facts as disclosed in the petition are as under:

The petitioner herein was appointed as Assistant Teacher (Primary) on 04-10-1962. The petitioner was in actual service up to 26-12-1975. It is the case of the petitioner that, he proceeded on three days Casual Leave, however, he could not report to duty after expiry of leave period due to illness.

On 19-10-1981 the petitioner approached respondent No.4 with a request to allow him to join the duties. The application was accompanied by the medical certificate. It is the case of the petitioner that, in spite of request of the petitioner, he was not allowed to join the duties. The petitioner kept on making applications on 30-11-1981, 03-12-1981, 01-05-1982 and 02-05-1982, however, the petitioner was not allowed to join the duties.

It is further the case of the petitioner that, on his constant persuasion with respondent Nos. 2 to 4 for allowing him to join the duties, the authority in spite of allowing the petitioner to join the duties, on 13-12-1982 ordered the inquiry in the matter and the Education Officer, Zilla Parishad, Nanded was appointed as Special Enquiry Officer/Presenting Officer to conduct the inquiry.

The petitioner received charge sheet on 30-09-1983 and he filed detailed reply to the same within time i.e. on 30-10-1983.

The Enquiry Officer has submitted his report on 02011984. The Enquiry Officer has held that, the charge of absenteeism is proved against the petitioner and further recommended that, Zilla Parishad authorities should take steps for getting sanction from the Government of absenteeism period of the petitioner and also made certain recommendations.

On 31-03-1984 the petitioner was served with show cause along with inquiry report. It is the case of the petitioner that, along with show cause notice, copy of the report of recommendations made by the Enquiry Officer was not supplied to the petitioner. The petitioner requested for report making recommendations by the Enquiry Officer by application dated 24-04-1984, however, the same was refused by the authority by letter dated 17-08-1984. The petitioner submitted his reply to show cause notice on 07-05-1984. It is the case of the petitioner that, though the inquiry was initiated in the year 1982 and the report was submitted in the year 1984, no final order was passed. It is the case of the petitioner that, the Zilla Parishad authorities failed to take timely steps.

It is further case of the petitioner that, when the Zilla Parishad authorities failed to pass the order on the application of the petitioner requesting the authorities to allow him to join the services, the petitioner filed application on 16-12-2004 with modified prayer that, as the petitioner has completed 58 years of age, the petitioner may be granted pension from 01-03-2000 for the services which he has actually rendered i.e. 1962 to 1975. However, the said prayer of the petitioner was also not considered and no order was passed as such. Therefore, the petitioner was constrained to file writ petition before this Court seeking appropriate directions to the authorities to consider the request of the petitioner for pension. This Court directed the authorities to pass final order on inquiry report within specified time. It is the case of the petitioner that, to show compliance of the order passed by this Court, the authorities have hurriedly passed the order on 04-01-2008 by which services of the petitioner are terminated w.e.f. 01-01-1976. It is the case of the petitioner that, when the order dated 04012008 was p