IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 20 OF 2003 SHRI NARESH V.S.NAGVEKAR,SIOLIM,BARDEZ-GOA. ... Petitioner Versus STATE OF GOA AND ORS. ... Respondent Mr. S. D. Lotlikar, Senior Advocate with Mr. D. S. Shirodkar, Advocate for the petitioner. Mr. S. R. Rivonkar, Government Advocate for the respondents. Coram:- P. B. MAJMUDAR & N. A. BRITTO, JJ. Date:- 13th January, 2009 P.C. By this petition, the petitioner has challenged the order dated 27.1.2000, a part of which transfers him under F.R.15 against the vacant post of Laboratory Technician existing in the Directorate of Health Services. It is prayed that the period from 5.1.1999 till he joins the post of Laboratory Technician existing in the Directorate of Health Services should be treated as continuous services and should not be treated as break in service for retirement/pensionery benefits. 2. At the time of hearing of this petition, the learned Government Advocate submitted that initially, the application of the petitioner for voluntary retirement from the Government service with effect from 4.1.99 was accepted. However, subsequently, the petitioner made an appeal to the Chief Secretary to declare him as surplus Government employee. By an order dated 27.1.2000, the petitioner is reinstated in the service on the post of Laboratory Technician and the period from 5.1.99 till his joining in post of Laboratory Technician in the Directorate of Health Services is ordered to be treated as E.O.L. (without medical ground). It is further ordered that the same shall not be considered for retirement/pensionery benefits. The said period is ordered to be treated as not a break in service. 3. The learned Government Advocates submitted that the Department has no objection if the aforesaid period is taken into account for retirement/pensionery benefit and not for any other monetary benefits. 4. Considering the aforesaid aspect, this petition is disposed of with directions to the respondents that the aforesaid period from 5.1.99 till the petitioner joining in the post of Laboratory Technician in the Directorate of Health Services shall be treated as continuous service for purpose of retirement/pensionery benefits and that he shall not be entitled to claim any back wages or any other menetory benefits. It may be noted here that the State Government has rightly taken the aforesaid decision considering the fact that the period was not considered as break in the service of the petitioner. 5. The petition is disposed of subject to what is stated hereinabove. P. B. MAJMUDAR, J. N. A. BRITTO, J. ssm.