-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE Writ Petition No. 4255 of 2005 Shri Mahadev V Katre - Petitioner vs State of Mah and ors.. respondents Mr S.V Palsuledesai for Petitioner Mr.R.D.Rane GP for respondents. CORAM;A.P.SHAH & D.Y.CHANDRACHUD JJ. Dated l2.7.2005 l. Heard learned counsel for the parties. Perused order of the Maharashtra Administrative Tribunal. The petitioner was appointed in Government service in l949 and he resigned from the same on 2l.l2.l973. The provisions of the Bombay Civil Services Rules were applicable at the time of his resignation which did not provide for pension and other benefits to the person who has resigned from government service.Similar provision is incorporated in the Maharashtra Civil Service (Pension Rules) l982 which provides that person who has resigned from government service forfeits his right for pension. In UCO Bank vs Sabarmal,AIR 2004 SC 2l35 similar rule in UCO Bank Employees Pension Rules, l995 was considered by the Supreme -2- Court and it was held that rule is valid and the employee who has resigned from service would not be entitled to claim pension. 2. In the light of the decision of the Supreme Court in UCO Bank’s case it is not possible to accede to the prayer of the petitioner for regular pension as rule 46 provides for forfeiture of the entire service dues in case the employee has resigned from government service. However. the Maharashtra Civil Services Rules provides for compassionate pension which cannot be 2/3rd of the regular pension. It would be open for the petitioner to apply to the State Government for release of pension on compassionate ground and if such an application is made the State Government shall consider the same on its own merit and take appropriate decision in accordance with law within three months from the date of receipt thereof. The petition is accordingly disposed of with liberty to the petitioner to apply for compassionate pension if he so desires.