JUDGMENT :

1. RULE returnable forthwith. Mr.Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent State.

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 petitioners have prayed for an appropriate writ to hold and declare that the action on the part of the respondents in not making full payment of pensionary benefits to the petitioners by counting their entire length of service from the date of joining till the date of retirement as illegal and a further direction to fix the pension of the petitioners by counting their services from the date of joining till the date of retirement.

4. Facts in brief would indicate that the petitioners were serving as Rojamdars. They were serving uninterruptedly till the date of their superannuation. The petitioners were extended the benefits of the Government Resolution dated 17.10.1988 and given such benefits on the regular pay scale on completion of 10 years of service. While counting the terminal benefits, the order of service prior to the date of their regularization were not c