JUDGMENT :

1. Rule returnable forthwith. Learned advocate Mr. U.M. Shastri waives service of notice of Rule on behalf of the respondent nos.2 and 3 and learned AGP Mr.Soaham Joshi for respondent nos.1 and 4.

2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

3. By way of this petition under Article 226 of the Constitution of India the petitioner has prayed to fix his pension and to pay him other retirement benefits by taking into consideration his entire length of service right from the date of his appointment i.e. 21.03.1973 till the date of his retirement on 31.05.2005.

4. Facts in brief would indicate that the petitioner was engaged as a daily wager from 21.03.1973 and retired from service on 31.05.2005 after completing 32 years of service.

5. From the record of this case as is evident from page 28 of the petition, the petitioner was appointed on 21.03.1973 and has completed more than 15 years of service in which he has completed 240 days. However, while considering his service, the years in which he has not completed