JUDGMENT

S.M. Gavhane, J. - Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2. By this petition under Articles 14 and 226 of the Constitution of India, the petitioner has claimed following substantive reliefs :-

"B) By writ, order or directions the respondent No.1 to 5 be directed to count the total service of the petitioner rendered without any physical break of 38 years to the extent of 33 years for grant of pension and pensionary benefits as per the provisions of Maharashtra Civil Service (Pension) Rules, 1982 and refix the pension of the petitioner on the basis of total service rendered by him under both the establishment of respondent No.2 Agricultural Department and respondent No.5 College.

C) By writ, order or directions the respondent No.5 be directed to submit proposal for condonation of break due to resignation of past services of Junior Clerk under the Agricultural Department and joining on the post of teacher resubmit the pension proposal to the respondent No.4 and respondent No.4 be directed to grant the condonation of break and resubmit the pension proposal to the respondent No.3 and respondent No.3 be directed to grant approval to the resubmitted pension proposal and issue order by the refixing the pension and other pensionary benefits of the petitioner.

D) By writ, order or directions the respondent No.4 - Regional Deputy Director of Education, Latur Division, Latur be directed to consider/decide the representation dated 16.06.2011."

3. Learned Advocate appearing for the petitioner submits that the petitioner was initially appointed as Junior Assistant on 02.12.1967 under respondent No.2-Agricultural Department and on the said post he served for more than nine years. Thereafter, applying through respondent No.7, his immediate authority selected and appointed the petitioner to the post of teacher under the Junior College of respondent No.5-College and the petitioner joined the said post of Junior Assistant on 02.09.1976. The petitioner retired under respondent No.5-College on superannuation on 31.07.2006 and he is getting regular pension from 01.08.2006. The petitioner submitted proposal for pension and other pensionary benefits counting the total service of 33 years on the post of Junior Assistant and Teacher to the extent of 33 years to get full benefit of pension and pensionary benefits under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982. Respondent No.4-Regional Deputy Director of Education, Latur Division, Latur asked the petitioner to clarify some of the queries in respect of his service on the post of Junior Assistant and understanding the nature of those queries the petitioner requested to respondent No.5 College to submit his proposal for pension considering the services rendered as Teacher under the said college of 29 years, reserving his right to submit re-fixation of pension and pensionary benefits on the basis of total qualifying service of 38 years. Accordingly, respondent No.5-College on 10.08.2006 submitted proposal of the petitioner on the basis of qualifying service of 29 years under respondent No.5-College and the petitioner was granted pension of Rs. 5574/- by respondent No.3-Accountant General, Nagpur.

4. Learned Advocate for the petitioner further submits that respondent No.5, on instructions from the petitioner, submitted fresh proposal of re-fixation of pension on the basis of 38 years to the extent of 33 years under the Maharashtra Civil Services (Pension) Rules, 1982. Respondent No.4-Regional Deputy Director of Education forwarded the said proposal to respondent No.3 but said respondent returned the re-fixation proposal and service-book of the petitioner with remark that counting of previous service from 02.12.1967 to 02.12.1978 as no orders are issued from the sanctioning authority and further mentioned the general provision that after the resignation previous service cannot be counted for for considering qualifying servic