Resignation from a government service entails forfeiture of past service unless specified conditions are met; previous service cannot be counted for pension post-resignation.

JUDGMENT :

M.S. KARNIK, J.

1. The challenge in this Petition under Article 226 of the Constitution of India is to the order dated 5^th August 2016 passed by the Maharashtra Administrative Tribunal Bench at Mumbai (“the Tribunal” for short) in Original Application No.972 of 2015. The Petitioner also challenges the order dated 12^th December 2014 in Miscellaneous Application No.125 of 2013 in Original Application No.545 of 2010 passed by the Maharashtra Administrative Tribunal, Bench at Aurangabad. The Petitioner further prays for a direction to the Respondents to condone the break in service from 13^th October 2000 to 27^th March 2005, for grant of deemed increments for this broken period and for other consequential reliefs. The Petitioner next prays for multiple reliefs in the nature of time scale promotion/benefit of revised assured progressive scheme of the post of Joint Director (Budget & Administration) on completion of 12 years of service, quashing of the order dated 31^st July 2017 issued by the Director, Health Services, Mumbai for recovery of over payment of pay and allowances paid to the Petitioner.

2. The facts of the case in brief are as under:-

The Petitioner is an Ex-serviceman who worked with the Indian Air Force till 28^th February 1992. The Petitioner was appointed as Assistant Registrar, Group-A in the Yashwantrao Chavan Maharashtra Open University, Nashik on 2^nd March 1992 where he worked till 12^th October 2000 on government sanctioned permanent post. He was paid from the consolidated funds of the State and his service was pensionable. The Petitioner contends that he fulfills all the conditions stipulated in Rule 33 of the Maharashtra Civil Services (Pension) Rules, 1982 (“ PENSION RULES ” for short) for counting his past service into new service for pension.

3. In 1998 an advertisement was issued for the post of Chief Administrative Officer, Group-A, Class-I in Public Health Department by Maharashtra Public Service Commission (“MPSC” for short). The Petitioner being eligible applied. In February 1999, the Petitioner was informed by MPSC that he was selected for the said post under OBC category and for further formalities was asked to contact Public Health Department. In March 1999, Public Health Department carried out pre-appointment formalities such as medical examination, caste verification, verification of experience, character verification and also sought NOC from the University which was duly signed by Vice Chancellor himself and sent to the Public Health Department.

4. Despite completing the aforesaid formalities, the Petitioner was neither given appointment order nor he was informed regarding keeping of his appointment order in abeyance till 23^rd March 2005.

5. In the month of October 2000, departmental enquiry was initiated by the University against the Petitioner and this resulted in termination of his services by the University. The Petitioner challenged his termination in this Court by filing writ petition No.6768 of 2000. In the meantime, the Petitioner filed Civil Application No.843 of 2002 in this Court and requested to direct the Public Health Department to issue his appointment order.

6. It is the contention of learned counsel for the Petitioner that he was deprived of the appointment till 23^rd March 2005. He was not even informed anything regarding the delay in issuing the appointment order. The Petitioner made several rep