1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. NO. 4090 OF 2010 Shri Ashok Dattatraya Marathe ..Petitioner Vs The State of Maharashtra and ors .. Respondents Mr. Kiran Kandpile, Advocate, for the Petitioner. Mr Kishor Murkewar forMrs Kalyani Pathak, Advocate for respondent nos 3 and 4. Mr P.M.Palshikar, AGP, for respondent nos 1 and 2. CORAM : D.B.BHOSALE & K.K.TATED,JJ. DATE : 05/12/2011 PC: 1. Heard learned counsel for the parties. 2. In this writ petition, the petitioner seeks the following reliefs: (A) That this Hon'ble Court pleased to issue writ of mandamus or writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to consider the Full-Time service from 15/06/1967 to 31/07/1972, in addition to the Full Time service from 15/06/1974 to 30/04/2003 of the petitioner for and calculate and pay the pensionery benefits payable to the petitioner on the basis of the total full time service from 15/06/1974 to 30/04/2003 together with the Full Time service from 15/06/1967 to 31/07/1972. (B) That this Hon'ble Court be pleased to direct the T 2 respondents to pay the amount of arrears of pension along with the interest @ 18% p.a. from 30/04/2003 to the petitioner considering his total full time service from 15/06/1967 to 31/07/1972 and 15/06/1974 to 30/04/2003." 2. It appears that initially the case of the petitioner was recommended to the Director of Education (Higher Education) Maharashtra State, Pune for granting pensionery benefits as prayed for in the present writ petition. The Director of Education, thereafter, rejected the petitioner's claim holding that the petitioner does not comply with the conditions stipulated in the Government Resolution dated 15.5.1996. Despite this communication, it appears that the Director of Education (Higher Education), Government of Maharashtra, once again recommended the case of the petitioner to the Chief Secretary, Government of Maharashtra, vide his letter dated 31.1.2006. That was also turned down by the Dy. Secretary, Government of Maharashtra, vide letter dated 9.6.2006. By this communication the petitioner was informed that his case cannot be considered as a special case. The decision that was communicated by the letter dated 9.6.2006 was taken by the State Government without giving an opportunity of hearing to the petitioner. The petitioner has raised several questions in the present writ petition. The petitioner contends that the 3 Government Resolution dated 15.5.1996 is not attracted since his case is covered by Rule 48 of the Maharashtra Civil Services (Pension) Rules,1982. The respondents have filed reply affidavit stating that these rules are not applicable to the professors/ lecturers/ demonstrators working in colleges and they apply only to the government service. All these questions were not considered by the State Government while issuing communication dated 9.6.2006. In view thereof, learned counsel for the parties have agreed for the following order: (i) The petitioner to make representation for appropriate reliefs to the Dy Secretary, Department of Higher and Technical Eduction, Mantralaya Mumbai, within a period of four weeks from today. The Dy. Secretary to consider and decide the same after giving an opportunity of hearing to the petitioner by speaking order as expeditiously as possible and preferably within a period of 16 weeks from the date of the petitioner's representation. All contentions of the parties are kept open. In the circumstances, the earlier decision rejecting the petitioner's claim renders ineffective. We hope and trust that the concerned authority shall consider the petitioner's claim in the light of the observations made int his order. We have not expressed any opinion as to the applicability of either the Government Resolution dated 15.5.1996 or M.C.S.R Rules. The writ petition 4 is accordingly disposed of. While passing this order, we shall not be understood to have expressed any opinion on merits of the case. (K.K.Tated,J.) (D. B. Bhosale, J.)