JUDGEMENT (PER ASHWIN D. BHOBE, J.)

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. Grievance of the Petitioner is that the Respondent Nos. 1 and 2 have refused to compute the qualifying service of the Petitioner w.e.f. 01.09.1989, for the purpose of retiral benefits of service including pension and gratuity. Order dated 03.01.2019 passed by the Under Secretary, Government of Maharashtra, rejecting the request of the Petitioner to consider his service prior to 03.03.1998 is assailed in this petition.

3. Factual Matrix:-

(a) On 12.07.1986, Petitioner, a candidate from open category was appointed as Assistant Teacher in Bhavan’s Somani College, Mumbai on temporary basis against a reserved vacancy.

(b) Services of the Petitioner as Assistant Teacher (Biology) were terminated by the Respondent Nos.1 and 2 w.e.f. 20.06.1987.

(c) Petitioner questioned the order of termination dated 20.06.1987, before the School Tribunal, Mumbai.

(d) By order dated 20.10.1987, the School Tribunal refused to interfere with the order of termination, however, directed the Respondent Nos.1 and 2 to pay the Petitioner compensation in terms of one month’s salary.

(e) Petitioner questioned the order dated 20.10.1987 passed by the School Tribunal, before this Court in Writ Petition No.176 of 1988 (renumbered as Writ Petition No. 4377 of 1997). This Court by an interim order restrained the Respondent Nos.1 and 2 from appointing any person other

than the Petitioner in the Junior College as a teacher in Biology unless and until the Petitioner was absorbed in Patkar College, Goregaon.

(f) Pending the said petition, Respondent Nos.1 and 2 by order dated 01.08.1989, appointed Petitioner as Assistant Teacher (Biology) w.e.f. 01.09.1989.

(g) Writ Petition No.4377 of 1997 was disposed off by enhancing the compensation from one month to six months pay. Challenge of the Petitioner to the termination order 20.06.1987 was negated.

(h) Consequence of the disposal of Writ Petition No.4377 of 1997, appointment of Petitioner as Assistant Teacher made pursuant to order dated 01.08.1989, was terminated on 10.10.1997.

(i) By order dated 03.03.1998, Respondent Nos.1 and 2 appointed the Petitioner as Assistant Teacher (Open Category).

(j) Petitioner retired on 31.07.2017, upon attaining the age of superannuation.

(k) Petitioner is before this Court seeking the following substantial reliefs:

“(a) That the Hon’ble Court be pleased to issue a writ of certiorari or a writ or order or direction in the nature of certiorari or any other appropriate writ or order thereby quashing and setting aside the impugned order dated 3rd January 2019 annexed herein above as Exhibit O.

(b) That the Hon’ble Court be pleased to issue a writ of mandamus or a writ or order or direction in the nature of mandamus or any other appropriate writ or order directing the Respondents herein to forward the proposal of retiral benefits of the Petitioner including that of pension and gratuity by counting the qualifying service of the Petition w.e.f. 1st September 1989;

(c) That the Hon’ble Court be pleased to issue a writ of mandamus or a writ or order or direction in the nature of mandamus or any other appropriate writ or order directing the Respondents herein to process and release within 3 months to the Petitioner, by computing the qualifying services of the Petitioner w.e.f. 1st September 1989, all retiral benefits of service including pension and gratuity benefits with interest at the rate of 12% per annum counted from the date of retirement i.e. 1st August, 2017”

4. Respondents have appeared through their respective Counsels.

5. On 27.01.2025, this Court passed the following order:

“1. The Petitioner after having superannuated sought the condonation of break in service for the purpose of conferring certain retiral benefits which prayer is denied vide impugned order dated 3rd October, 2019.

2. Looking into the facts that the Petitioner stood superannuated in 2017 and the terminal benefits are