( 1 ) THE petitioner herein is a retired Government employee. The petitioner has retired from service with effect from. 30-9-1996 on attaining the age of superannuation. The petitioner has been paid the pension for the service, which he has rendered between 4-10-1973 to 30-9-1996. The grievance of the petitioner is that his past services for the period between 20-4-1967 to 3-10-1973 is not considered for the purpose of pension and this petition is filed with a prayer that the services rendered by the petitioner between 20-4-1967 to 3-10-1973 also should be considered for the purpose of fixation of pension and the pension should be revised accordingly.

( 2 ) HEARD party-in-person, Mr. M. M. Lahori, learned AGP, Mr. Kogje on behalf of the State and Mr. K. M. Patel for respondent No. 2.

( 3 ) THE petitioner has submitted that he was appointed in the Government service on 20th April, 1967 and served upto 17-10-1970 as a Junior Scientific Assistant in Blood Plazma Unit, State of Gujarat. The case of the petitioner is that, thereafter, he applied through proper channel and was subsequently appointed at National Institute of Occupational Health (N. I. O. H.) on 19-10-1970. He served at the said institution upto 3-10-1973. Accordingly, the petitioner served with N. I. O. H. for the period between 19-10-1970 to 3-10-1973. The petitioner, thereafter, again applied through GPSC and was appointed in the State service in Forensic Science Laboratory from 4-10-1973. Ultimately, as stated earlier the petitioner has retired from State service on attaining the age of superannuation with effect from 30-9-1996. At the time of his retirement, he has been paid pension considering his service period between 4-10-1973 to 30-9-1996. The grievance of the petitioner is that his earlier services, rendered between 20-4-1967 upto 3-10-1973 is required to be counted for the purpose of giving pensionary benefits. This petition is accordingly filed by the petitioner ventilating the aforesaid grievance.

( 4 ) IN order to substantiate his say, the petitioner has submitted that in October 1970, he joined the services of N. I. O. H. , by applying through proper channel. It is submitted by him that he was required to tender his resignation in view of the technical reasons. It is, therefore, submitted that the period between 20-4-1967 to 19-10-1970 should be counted and included for the purpose of pensionary benefits as according to him, he joined N. I. O. H. after applying through proper channel. It is also submitted by the petitioner that subsequently on 4-10-1973, he joined State services at Forensic Science Laboratory and at that time also, he had applied through proper channel, while he was in N. I. O. H. (which is a body under the Central Government) and he was required to tender his resignation at that stage on technical ground. It is submitted that subsequent period between 19-10-1970 upto 3-10-1973 is also required to be counted for the purpose of pensionary benefits. The party-in-person also further submitted that so far as N. I. O. H. is concerned it is a Government body as it is under the Central Government. So the entire service period from inception of his service with the State, i. e. 20-4-1967 should be treated to be continuous service throughout and entire period should be counted for the purpose of giving pensionary benefits. It is submitted by the party-in-person that he was required to give resignation due to technical reasons and when he has applied through proper channel at both the stages, i. e. at the stage when he joined Central Government department, as well as when he joined the State service and, therefore, his tendering resignation should not be taken into account and said period should not be considered as break in service. In view of the aforesaid submissions, it is prayed by the party-in-person that the Government should be directed to re-fix his pension by giving benefit of earlier period, i. e. from 20-4-1967 to 3