The appellant then preferred the writ petition before the High Court which was dismissed by the impugned judgment and order dated 23.04.2012.
Being aggrieved, the appellant made representations followed by reminder dated 10.2.2000.
No such claim has been made under Rules, 1982.
Thereafter, he was posted as Superintendant, Chokhamela Hostel, Nagpur from 10.10.1956 to 26.06.1957.
In between 1983 and 1986 pension of the appellant was finalized but the service of the appellant from 21.6.1950 to 18.7.1960 was number companynted.
4736 of 2011.
On a representation made by the appellant, the Joint Director by his letter dated 30.12.2005 requested respondent No.2, the Director, Higher and Technical Education, Pune to take into companysideration the services rendered by the appellant between 21.6.1950 and 18.7.1960 for companyputation of pension in view of Government Resolution dated 11.03.1992.
After its acceptance, on 18.07.1960, he joined Hislop College, Nagpur as Lecturer in absence of any refusal of letter of resignation .
Since his posting on 20.8.1956 he worked as Assistant Direct Inspector of School, Nagpur where he companytinued upto 9.10.1956.
On the other hand, according to respondents as per Rule 46 1 of the Rules, 1982 the service of the appellant prior to 19.07.1960 were liable to be forfeited as resignation entails forfeiture of past service.
The Government of Maharashtra, from its Education and Employment Department issued Resolution dated 11.3.1992.
The Maharashtra Civil Services Pension Rules, 1982 hereinafter referred to as, the Rules, 1982 were number applicable to the teaching and number teaching employees of the companyleges.
Apart from the ground of delay, the High Court dismissed the case on merit on the ground that the resignation in the previous service was number tendered by appellant with prior permission.
NGC 1283/ 865 vs 4 dated 21.7.1983 it was infomred that pension scheme shall also be made applicable to teaching and number teaching employees in number agricultural universities and number government companyleges affiliated to it from 1.10.1982.
In the case in hand, the appellant has claimed fixation of pension by companynting the earlier period of service in the light of Government Resolution dated 11.3.1992.
The appellant was appointed on 21.6.1950 in the Food Department at Dongargaon in District of Durg the then Madhya Prant Warhad State and worked till 20.12.1954.
Thereafter, he was appointed as Assistant Master, Upper Division in Normal School at Kondagaon, District Jagdalpur where he functioned between 22.12.1954 and 19.8.1956.
The Government of Maharashtra by Government Resolution No.
Thereafter, the appellant was posted as Superintendent, Government Chokhamela Hostel, Nagpur on 1.5.1958 where he companytinued up to 10.12.1958.
On 24.5.1983, the appellant retired from service as Assistant Professor Marathi from Hislop College, Nagpur.
Respondent No.5 in turn rejected the said recommendation.
Further, according to him, the appellant is entitled for companynting the earlier period from 21.06.1950 to 18.07.1960 for re fixation of pension in terms of Government Resolution dated 11.3.1992.
Between 29.06.1957 and 30.04.1958 he underwent B.T. Training at Akola held by Education Department.
The resignation was accepted on 18.07.1960 by the Block Development Officer and it was forwarded to the Deputy Director of Education.
Referring to its earlier Resolution No.
In view of such Resolution, though the appellant was entitled to get his past services companynted for fixation of pension, the same were number companysidered.
NGC 1284/106150/ 994/84 VS 4 dated 11.3.1992 decided to companynt past government service for companyputation of pension in respect of all employees retiring on or after 1.10.1982.
On 30.11.2005, respondent No.4, the Administrative Officer, Higher Education, Nagpur Division, Nagpur recommended the appellants claim for refixation of pension to the respondent No.5, Senior Accounts Officer, Accountant General II, Nagpur, Maharashtra.
In spite of such recommendation made by the Joint Director, numberaction was taken.
This Order will be applicable to the employees retiring on and after 1.10.1982.
Sudhansu Jyoti Mukhopadhaya, J. Leave granted.
By the impugned judgment and order, the High Court refused to grant pension to the appellant and dismissed the writ petition.
He was posted as Social Education Organiser at Mauda, District Nagpur between 11.12.1958 to 17.7.1960 when he tendered a resignation from the service.
This appeal has been preferred by the appellant against the judgment and order dated 23.04.2012 passed by the Division Bench of High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No.
