JUDGMENT :

DIPAK MISRA, J.

The petitioner, a Food Inspector in the Department of Food and Civil Supply, after completing 16 years of service sought premature retirement by preferring an application dated 7-1-1993 with effect from 7-4-1993. The request for voluntarily retirement was acceded to by the Director of Food and Civil Supplies, Madhya Pradesh, Bhopal, the respondent No. 2 herein, in exercise of power conferred on him under Rule 42 of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (for short 'the Rules') by order dated 29-4-1993 and the petitioner was retired from government service with effect from 30-4-1993. The pension papers were prepared and provisional pension of Rs. 405/- was sanctioned by the Collector. However, the same was objected to by the Senior Accounts Officer (Pension), Pension Cell in the Office of the Commissioner Tribal Welfare Department, Bhopal on the ground that the petitioner had not rendered 20 years of qualifying service and, therefore, was not entitled to any pension or gratuity. The said aspect was intimated to the petitioner. Being apprised of the aforesaid situation he submitted a representation dated 22-6-1994 for taking him back in servi