HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.15650 OF 2008 ORDER: (Per Sri Justice Vilas V. Afzulpurkar) This writ petition was already admitted by this Court on 12.8.2008. W.P.M.P.No.20281 of 2008 seeking suspension of the impugned orders of the Andhra Pradesh Administrative Tribunal in O.A.No.387 of 2006, dated 11.9.2007, is coming up for hearing. Now that the petitioners State has filed additional documents along with W.P.M.P.No.30873 of 2009, at the request of either side, writ petition itself is heard. We have heard both the learned counsel in detail. W.P.M.P.No.30873 of 2009 is ordered. The controversy involved in the matter is whether the aided service rendered by the respondent prior to joining the Government service in the Registration and Stamps Department can be counted for the purpose of pension. It is not in dispute that the respondent worked as Secondary Grade Assistant Telugu Pandit Grade-I in Sri Vidyaranya Aided Oriental High School, Anantapur, from 15.10.1967 to 3.12.1978. Thereafter, he was selected by the A.P.P.S.C and joined the Registration and Stamps Department. He has since retired from service on 31.5.2001 on superannuation as District Registrar, Registration and Stamps, Kurnool. The claim of the respondent therefore is that since he had worked in an aided post prior to joining in Government service and since he was permitted to resign to the said post as Telugu Pandit Grade-I to enable him to join Government service and the period of his service in the said aided service has to be counted for the purpose of pension admissible to him. The said contention was raised before the Tribunal and in the absence of any rules or any documents produced by the State in support of their stand that permission of the District Educational Authority is necessary before joining the said service, the Tribunal allowed the O.A. The said order is in question in the present writ petition. Learned Government Pleader has produced the service register of the respondent while he was working in the said aided post as well as the service register while he joined the Registration and Stamps Department. The contention of the learned Government Pleader is that no such document evidencing permission obtained by the respondent from the competent authority is produced. In terms of proviso to Rule 26(1) of the A.P.Revised Pension Rules, 1980 (for short ‘Pension Rules’) it is contended that the said past service stands forfeited unless it is supported by a requisite permission relating to relinquishment of such past service. Learned Government Pleader also relies upon the service register of the respondent opened in the Registration and Stamps Department and has drawn our attention to page 3 thereof which contains a column relating to the details of previous qualifying service etc. Learned Government Pleader submits that there is no entry made against the said column indicating the previous qualifying service as claimed by the respondent. Sri G.Vidya Sagar, learned counsel appearing for the respondent, however, submits and has drawn our attention to pages 5 and 6 of the service register of the respondent maintained at the said aided institution. The said relevant endorsement shows that the respondent was permitted to join the new post and his resignation was accepted in the proceedings of the Correspondent dated 4.12.1978 and he was relieved from duty on 4.12.1978 and accordingly he jointed the Government service on 4.12.1978. The learned counsel, therefore, submits that the endorsement in the service register clearly establishes that the requisite permission that is required under proviso to Rule 26 (2) of Pension Rules was granted. He has further drawn our attention to the stand of the Government that under the impugned proceedings permission of the District Educational Officer as competent authority has not been obtained by the respondent. The learned counsel further submits that so far as private aided institution is concerned the Correspondent is only competent authority and it only for the purpose of Section 79 of the A.P.Education Act, 1982 (for short, the ‘Act’) the competent authority as prescribed is to approve action of management referred to in Section 79. The learned counsel therefore submits that the permission granted by the Correspondent fully satisfies the requirement under proviso to Rule 26 (1) of the Pension Rules. We have considered the aforesaid contentions on either side. It is not in dispute that the earlier service of the respondent was in an aided institution, as contended by the learned counsel for the respondent, the control of the District Educational Officer as competent authority of private aided institution is only with respect to Section 79 of the Act. A case of resignation would not amount to dismissal, removal or reduction in rank, as contemplated under Section 79. The appointment and resignation of the teaching and non-teaching staff in private aided institution is therefore exclusively within the powers of the Correspondent. However, the letter of resignation of the respondent, which is said to have been accepted by the Correspondent, with a permission to join Government service, is said to be recorded by the proceedings of the Correspondent dated 4.12.1978. The said proceeding is mentioned in the endorsement in the service register of the respondent. However, the said document is not available on record. We have also not been able to discern from the record any material, which provides the private aided service in an institution to qualify as past service for the purpose of Rule 26 of the Pension Rules. Further, on taking into consideration of the said past service would lead to several consequential benefits in the matter. It is not clear from the record whether any such benefits were extended to the respondent keeping in view of his aided past service. Apart from these aspects, when the respondent is serving in a private aided institution, whether the proviso to sub-rule (1) of Rule 26 is attracted to the factual situation is also a matter, which requires consideration. The order impugned before the Tribunal passed by the Government in memo No.22270/Regn.I(2)/2003, dated 9.11.2005, shows that the claim of the respondent was rejected only on the ground that he has not obtained any permission from the District Educational Officer, Anantapur, before taking up the State service in Registration and Stamps Department. None of the aspects as indicated above were kept in mind while passing the aforesaid order. When the respondent questioned the said order before the Tribunal in the said O.A., the same was allowed merely on the ground that the petitioners-State is not unable to produce any record nor able to show any provision under which permission of the District Educational Officer is necessary. We therefore feel that several aspects mentioned above must be considered before the claim of the respondent regarding the said aided service is rejected. Neither the Government under its impugned order dated 9.11.2005 nor the Tribunal has considered the matter from the various angles as indicated above. We are therefore of the opinion that interests of justice would be served by setting aside the order impugned before the Tribunal as well as the order of the Tribunal in O.A.No.387 of 2006 impugned herein and remit the matter for fresh consideration to the Government i.e., 1st petitioner herein with a direction to reconsider the representation of the respondent in the light of all attending circumstances and the questions arising in the matter as indicated above. Respondent shall be at liberty to submit his further representation, if any, provided the same is filed within two weeks from today. The Government shall reconsider the matter and pass a reasoned order within four weeks thereafter and communicate the same to the respondent. Since the matter is remitted back to the 1st petitioner, all the contentions on either side are kept open. The writ petition is accordingly disposed of. ________________ V.ESWARAIAH, J. _______________________ VILAS V. AFZULPURKAR, J. 26.11.2000 kpr