A. P. RAVANI, J. ( 1 ) THE teacher concerned in this petition is a retired primary school teacher. He joined the services as a primary school teacher in the erstwhile State of Bhavnagar on 13/04/1933 Thereafter according to the department he had left the services on 25/03/1945 and was not in service upto 12/06/1947 The teacher concerned i. e. Jatashanker Hargovind was has retired sometime in the month of February 1971 Thereafter his papers have been prepared and his services have been reckoned as commencing from 13/06/1947 for the purpose of pension. The teacher concerned contended that his services should be considered for the purpose of pension from 13/04/1933 and the break in service should atleast be condoned for the purpose of pension. ( 2 ) THE teacher concerned had requested that his case be placed before the Lok Adalat which was held at Gadhada in Bhavnagar District. The Lok Adalat was held on 10/02/1985 In Lok Adalat after discussing the case the Administrative Officer Botad and other officers of Botad Municipality agreed that in respect of the service of the teacher from 30/03/194 5/06/1947 an affidavit be obtained and pursuant to the certified copies given by the District Primary Education Office Bhavnagar necessary further actions be taken by the Administrative Officer of Nagar Prathamik Shikshan Samiti Botad. Thus the case with regard to the payment of Pension was to be taken up and persued with the Government and the office of Accountant General by the Administrative Officer Primary Education Committee Botad. Thereafter no tangible actions were taken and hence the teacher concerned ventilated his grievance before some newspaper correspondent. Reading the report in the newspaper the Member Secretary of the Gujarat State Legal Aid and Advice Committee has filed this petition. It is prayed in the petition that the respondents be directed to calculate the pensionable services of the teacher concerned from April 13 193 3/02/1971 continuously without any break whatsoever. ( 3 ) EARLIER when the petition came up for bearing on 18/02/1986 a direction was given to the Director of Education (Primary and Adult Education) to the effect that the petition itself be considered as a representation made to him and he may pass a reasoned order thereon. ( 4 ) THE Director of Primary and Adult Education has passed his reasoned order on 24/03/1986 and has rejected the same. ( 4 ) THE Director of Primary and Adult Education has passed his reasoned order on 24/03/1986 and has rejected the same. A copy of the order is produced on record. ( 5 ) THERE does not appear to be any dispute with regard to the fact that the teacher concerned had joined service in the erstwhile State of Bhavnagar on 13-4-1933. However the dispute is with regard to the period commencing from 30-3-1945 (or 25/03/194 5/06/1947 According to the department the teacher concerned joined the services afresh on 13/06/1947 He was given fresh appointment order and therefore his previous services cannot be considered for the purposes of pension. ( 6 ) THE aforesaid contention of the respondent authorities cannot be accepted. Annexure `d dated 4/04/1952 is a circular issued by Shala Adhikari Bhavnagar. As stated therein a circular was issued by the Secretary Education Department bearing No. C-1-1454 dated 29/03/1952 stating that frequent applications were being received with regard to the joining of the period of break in service. Therefore as per letter of the Secretary bearing No. S. E. 1411/962 dated 10/03/1952 the break in services should be considered continuous for the purposes of pension and gratuity. This circular was very much before the Director of Education. But he has brushed aside the same on the ground that there is nothing to show that in case of the teacher concerned specific order has/had been passed by the Secretary This ground does not appear to be reasonable. Where a general circular is issued covering particular type of cases there is no reason why the benefit of the same should not be given to the teacher concerned. It is not stated in the order passed by the Director that no such circular or letter was issued by the Shala Adhikari or by the Secretary. Once the Secretary Education Department directs that particular types of benefits be given by considering the break in service as continuous then same benefits must be given to the teacher concerned also whose case is undisputedly covered by that circular. ( 7 ) IT may further be noted that the period between 25/03/194 5/06/1947 has been treated as on leave by the Office of D. E. O. Botad. The certified copy of the same was very much before the Director of Primary Education. ( 7 ) IT may further be noted that the period between 25/03/194 5/06/1947 has been treated as on leave by the Office of D. E. O. Botad. The certified copy of the same was very much before the Director of Primary Education. However he has not given any weight to the same on the ground that to support the certified copy no record was available from the office of the District Primary Education Officer. This is not the fault of the teacher concerned and on such ground the certified copy produced by the teacher concerned cannot be rejected. The District Primary Education Officer Bhavnagar has issued certificate dated 4/02/1980 (Annexure-E) to the petition. It is to the effect that the teacher concerned has served as Primary School Teacher in the schools under Bhavnagar District Education Committee from April 13 193 3/03/1945 and thereafter from June 13 194 7/02/1971 The break of service from 26/03/194 5/06/1947 was there but even so he was considered deemed trained from 1/01/1950 by taking into consideration his previous services. ( 8 ) IN above view of the matter there are three weighty documents in favour of the teacher concerned. (i) the circular issued by Shala Adhikari dated 4-4-1952. This circular has again referred to a letter written by the Secretary Education Department dated 10-3-1952. As per these documents the break in service should be condoned and the service should be treated as continuous for the purpose of pension and gratuity. (ii) There are certified copies of the orders passed by D. E. O. Rotad regarding the sanction of leave for the period for which there is alleged break in services i. e. from 25/03/1945 to 12-6-1947. (iii) As per the certificate given by the District Primary Education officer the earlier service of the teacher concerned has been considered for giving him the grade of deemed trained from 1/01/1950 ( 9 ) IN above view of the matter there is no reason why the teacher concerned should not be given the benefit of continuous service for the purpose of pension only. ( 10 ) IN the result the petition is allowed. The respondents are directed to calculate the pension payable to the teacher Mr. ( 10 ) IN the result the petition is allowed. The respondents are directed to calculate the pension payable to the teacher Mr. Jatashanker Hargovind Vyas from 13/04/1933 and not from 13/06/1947 The respondents are directed to calculate the pension payable to the teacher concerned Shri Jatashanker Hargovind Vyas latest before 31 and thereafter within a period of 15 days the amount of arrears shall be paid to him. Rule made absolute to the aforesaid extent with no order as to costs. Petition allowed. .